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PADILLA v. STATE

No. 11465.

568 P.2d 190 (1977)

90 N.M. 664

Orlando PADILLA, Petitioner, v. STATE of New Mexico, Respondent.

Supreme Court of New Mexico.

Rehearing Denied August 24, 1977.

Attorney(s) appearing for the Case

Jan Alan Hartke, Chief Public Defender, Reginald J. Storment, Appellate Defender, Douglas A. Barr, Asst. Appellate Defender, Santa Fe, for petitioner.

Toney Anaya, Atty. Gen., Santa Fe, for respondent.

OPINION

FEDERICI, Justice.

Defendant was convicted of robbery in 1976 and charged additionally as an habitual offender under § 40A-29-5, N.M.S.A. 1953 (2d Repl.Vol. 6, 1972). The supplemental information alleged a prior conviction in 1972. Defendant moved to dismiss the supplemental information on the grounds that the sentence for the 1972 conviction was deferred by the court, that defendant had successfully completed the deferred sentence, and that...

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