State v. Moya

OPINION

CHÁVEZ, Chief Justice.

{1} The issue in this case is whether an out-of-state misdemeanor conviction, which would have been classified as a felony in New Mexico, can be used to enhance a defendant’s basic sentence under the Habitual Offender Act, NMSA 1978, §§ 31-18-17 to -20 (2003). Defendant Donald Moya pled guilty to two felonies in New Mexico and also admitted that he had been previously convicted of attempted forgery in Utah. Defendant agreed to a one-year sentence enhancement if the district court determined that his previous conviction, a misdemeanor in Utah, but classified as a…