People convicted of a New Mexico felony could face a sentence increase based on certain earlier felonies, even if more than 10 years have passed.
The proposal would let certain earlier felony convictions count toward repeat-offender sentence increases, even if more than 10 years have passed. New Mexico convictions for driving while under the influence would not count.
The proposal would count certain earlier felonies as prior convictions without a 10-year limit. This definition applies when deciding whether a person convicted of a New Mexico noncapital felony has prior convictions for habitual-offender sentencing. A New Mexico conviction for driving while under the influence would not count. An out-of-state, federal, territorial, or Puerto Rico conviction would count only if it met the stated punishment or New Mexico felony test; court-martial offenses are excluded.
No hearings or votes scheduled.