New Mexico Court of Appeals May 5, 1981, No. 5008 (State v. Hughes)

OPINION

HENDLEY, Judge.

Pursuant to § 39-3-3(B)(l), N.M.S.A. 1978, the State appeals the dismissal of the second count in a three count supplemental information under the Habitual Offender Statute, § 31-18-17, N.M.S.A. 1978 (Supp. 1980). We affirm.

The second count involves a conviction on January 28, 1980, for an offense committed on July 27, 1978.