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STATE v. PADILLA

No. 23100.

937 P.2d 492 (1997)

123 N.M. 216

1997 NMSC 022

STATE of New Mexico, Plaintiff-Appellee, v. Danny PADILLA, Defendant-Appellant.

Supreme Court of New Mexico.

March 17, 1997.

Attorney(s) appearing for the Case

T. Glenn Ellington, Chief Public Defender, Susan Roth, Assistant Appellate Defender, Santa Fe, for Appellant.

Tom Udall, Attorney General, Ann Harvey, Assistant Attorney General, Santa Fe, for Appellee.

OPINION

FRANCHINI, Chief Justice.

(1) Danny Padilla was convicted on four counts of battery upon a peace officer pursuant to NMSA 1978, Section 30-22-24 (Repl. Pamp.1994), and sentenced to one and one-half years on each count. Because Padilla was found to be a habitual offender based on three prior felony convictions, each sentence was enhanced pursuant to NMSA 1978, Section 31-18-17(D) (Repl.Pamp.1994) (mandating enhanced sentences for habitual offenders...

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