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eBook details

• Title: State V. Peppers
• Author : New Mexico Court of Appeals
• Release Date : January 03, 1990
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

Defendant pleaded no contest to a charge of failure to appear for sentencing on a conviction of vehicular homicide. Because he had three prior felony convictions, defendant's sentence for failure to appear was enhanced by eight years pursuant to the provision of the habitual-offender statute, NMSA 1978, Section 31-18-17 (Repl. Pamp. 1987). Defendant's conviction for vehicular homicide was among the prior convictions used to establish defendant's status as a habitual offender. Shortly after sentencing, defendant moved to withdraw his plea. Defendant raises three issues on appeal: (1) whether the district court properly denied his motion to withdraw his plea; (2) whether the failure-to-appear statute, NMSA 1978, Section 31-3-9 (Repl. Pamp. 1984), applies to failure to appear for sentencing; and (3) whether the vehicular-homicide conviction could be used to enhance his sentence. In addition, defendant's appeal presents questions concerning procedural matters that affect the jurisdiction of this court and the scope of our review. We affirm.

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