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STATE v. ARRINGTON

No. 15345.

897 P.2d 241 (1995)

120 N.M. 54

STATE of New Mexico, Plaintiff-Appellee, v. Hope R. ARRINGTON, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied June 15, 1995.

Attorney(s) appearing for the Case

Tom Udall, Atty. Gen., Max Shepherd, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

Scot D. Key, Gary C. Mitchell, P.C., Ruidoso, for defendant-appellant.

OPINION

HARTZ, Judge.

This is our second occasion to address the constitutionality of incarcerating Defendant in New Mexico's penitentiary for women. In State v. Arrington, 115 N.M. 559, 855 P.2d 133 (Ct.App.1993), we affirmed the decision of the district court that it could not, impose upon Defendant the prison term mandated by the state habitual-offender statute because incarcerating someone with significant...

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