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State v. Coyazo3/2/2001
ntial statutory enhancements.
We appreciate the district court's attempt to keep a recidivist violator of our DWI laws off the streets. However, under the authority of our Supreme Court's analyses in Anaya and Begay, we leave to the legislature the task of expressly creating penalties for repeat offenders such as Defendant. We hold that the maximum sentence for felony DWI cannot be enhanced by the aggravation provisions of Section 31-18-15.1. Because our decision regarding Defendant's first argument is dispositive of this appeal, we do not address Defendant's remaining arguments.
CONCLUSION
We reverse the district court's sua sponte enhancement of Defendant's sentence and remand for proceedings in accordance with this opinion.
IT IS SO ORDERED.
CYNTHIA A. FRY, Judge
WE CONCUR:
JONATHAN B. SUTIN, Judge
CELIA FOY CASTILLO, Judge
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