Court: New Mexico Court of Appeals; June 16, 1967; New Mexico; State Appellate Court
Joe Maes was convicted of unauthorized entry with intent to commit theft on April 20, 1966, in Curry County, New Mexico. Following this conviction, an information was filed against him as an habitual offender under N.M.S.A. 1953, § 40A-29-5, citing three prior felony convictions: breaking and entering in 1961, car theft in 1963, and the unauthorized entry in 1966. Maes pleaded not guilty to the habitual offender charge, but a jury found him to be the same person convicted in the prior cases. The trial court then set aside his previous sentence and resentenced him as an habitual offender.
On appeal, Maes raised two arguments for reversal. First, he contended that including his current conviction in the habitual offender information was reversible error, arguing it would prejudice the jury against him. He claimed that under § 40A-29-7, only prior convictions should be considered, and cited Lott v. Cox and State v. Tipton to support his position. The court rejected this argument, stating that all convictions relevant to determining the habitual offender status must be included to preserve the defendant's right to challenge them. The inclusion of the current conviction was deemed essential and appropriate.
Second, Maes pointed out a variance in the information regarding one of his previous convictions, asserting it involved a different docket number. The court found this variance immaterial, as the necessary details of the crime—date, type, and county—were adequately provided, allowing Maes to prepare his defense without confusion.
The trial court's judgment and enhanced sentence were affirmed, with the appellate judges concurring.
