State v. Moya

{22} I respectfully dissent. I agree with Judge Wechsler, writing for the Court of Appeals, that the Habitual Offender Act, NMSA 1978, Section 31-18-17(D) (2003), (the Act) does not include as an enhancement felony a conviction classified as a misdemean- or in another state even if that conviction would have been classified as a felony in New Mexico. State v. Moya, 2006-NMCA-103, ¶ 1, 140 N.M. 275, 142 P.3d 43.

{23} The Act states that “prior felony conviction” means:(1) a conviction, when less than ten years have passed prior to the instant felony conviction since the person completed serving…