State v. Davis

OPINION

HENDLEY, Judge.

Defendant appeals a judgment adjudging him to be a habitual offender and imposing an enhanced sentence pursuant to NMSA 1978, Section 31-18-17 (Cum.Supp.1984). The issues raised involve the validity of a prior conviction and whether a deferred sentence may be enhanced under the habitual offender statute. We hold that the prior challenged conviction is valid. However, we also hold that a deferred sentence cannot be enhanced. Accordingly, the cause is remanded for correction of the sentence.

There are three relevant felony convictions: 1) Defendant was convicted of unlawful…