31-18-20. Habitual offenders; proceedings for prosecution.
202 words·~1 min read·
/nm/chapter-31-criminal-procedure/article-18-criminal-sentencing/31-18-20·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. The court wherein a person has been convicted of a noncapital felony and where that person has been charged as a habitual offender under the provisions of Section 31- 18-19 NMSA 1978 shall bring the defendant before it, whether he is confined in prison or not. The court shall inform him of:
(1)the allegations of the information; and
(2)his right to be tried as to the truth thereof according to law.
B. The court shall require the defendant to say whether or not he is the same person as charged in the information. If the defendant denies being the same person or refuses to answer or remains silent, his plea or the fact of his silence shall be entered in the record and the court shall then conduct a hearing to determine if the offender is the same person.
C. If the court finds that the defendant is the same person and that he was in fact convicted of the previous crime or crimes as charged, the court shall sentence him to the punishment as prescribed in Section 31-18-17 NMSA 1978.
History: 1953 Comp., § 40A-29-33, enacted by Laws 1977, ch. 216, § 9; 1983, ch. 127, § 2.