If at any time, either after sentence or conviction, it appears that a person convicted of a noncapital felony is or may be a habitual offender, it is the duty of the district attorney of the district in which the present conviction was obtained to file an information charging that person as a habitual offender.
§ 31-18-19 NMSA 1978
Habitual offender; duty of district attorney to prosecute
Known as the Criminal Sentencing Act
The act spans §§ 31–31 (23 sections).
Applied in 2 court decisions — leading case Minner v. Kerby (1994)
Most recently applied in Minner v. Kerby (July 1994)
1953 Comp., § 40A-29-32, enacted by Laws 1977, ch. 216, § 8.
Official source: NMOneSource (New Mexico Compilation Commission). Reproduced from public-domain New Mexico statutes; confirm against the official source for the current text. Not legal advice.