SANTA FE, N.M. (AP) - New Mexico’s highest court is upholding the increased prison time for a repeat offender of domestic violence.
The New Mexico Supreme Court unanimously ruled Monday against an Alamogordo man appealing his heightened jail sentence under the Habitual Offender Act.
James Barela pleaded no contest in 2015 to battery against a household member. It was his third misdemeanor domestic violence conviction. He also had a 2010 felony conviction for false imprisonment.
State law calls for a defendant with a previous felony that is not a DWI to face up to an additional year in jail. Barela’s misdemeanor conviction was upgraded to a felony. As a result, Barela had another year added to his 18-month sentence.
Barela’s attorneys argued the misdemeanor conviction should not have been reconsidered as a felony.
The court rejected the argument, saying the law is clear.
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