State v. Oglesby

OPINION

HENDLEY, Judge.

Defendant appeals from a finding and sentence as an habitual offender, pursuant to § 31-18-17, N.M.S.A.1978 (Supp. 1980). This ease was assigned to the summary calendar with affirmance proposed. Defendant has filed a timely memorandum in opposition in which he addresses the issue of a double jeopardy violation. We are bound to follow the dictates of our Supreme Court in this regard. That Court has held that the imposition of an enhanced sentence after defendant has already begun serving his sentence on the underlying felony conviction is not violative of constitutional…