State v. Banghart-Portillo

Summary

The New Mexico Supreme Court affirmed the Court of Appeals, holding that the district court retained jurisdiction to impose a habitual‑offender enhancement on Count 1 because the defendant did not have a reasonable expectation of finality, given the court’s clear warnings about the consequences of a probation violation. The Court analyzed the plea agreement, applied Yazzie and Mares, and rejected the defendant’s reliance on Lovato and Brock.