Padilla v. New

Defendant was convicted of robbery in 1976 and charged additionally as an habitual offender under § 40A-29-5, N.M.S.A. 1953 (2d Repl. Vol. 6, 1972). The supplemental information alleged a prior conviction in 1972. Defendant moved to dismiss the supplemental information on the grounds that the sentence for the 1972 conviction was deferred by the court, that defendant had successfully completed the deferred sentence, and that the 1972 case had been dismissed prior to the subsequent habitual-offender charge in 1976.