State v. Pavlich

OPINION

COMPTON, Justice.

In 1962, appellant was convicted by a jury of Colfax County of the crime of armed robbery and was sentenced therefor. Later, while serving the sentence, he was returned from prison, tried and convicted by a jury of Colfax County under the provisions of § 40A—29-7, N.M.S.A.1953, as being an habitual offender, but no sentence was interposed at the time. Subsequently, his application for post conviction relief under Rule 93, § 21-1-1(93), N.M.S.A.1953 (1967 Supp.) being denied, he appealed. Pavlich v. State, 79 N.M. 473, 444 P.2d 984. Upon appeal, the judgment was…