[DOWNLOAD] "State v. Hosteen" by New Mexico Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: State v. Hosteen
- Author : New Mexico Court of Appeals
- Release Date : January 22, 1996
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
FLORES, Judge. {1} Defendant appeals from his conviction for driving while under the influence of intoxicating liquor (DWI), contrary to NMSA 1978, Section 66-8-102(A) (Repl. Pamp. 1994). Defendant raises three issues on appeal: (1) whether Defendant was denied effective assistance of counsel when his attorney failed to challenge the proof of prior convictions submitted by the State, and if so, (2) whether this case should be remanded to the trial court for resentencing as a misdemeanor DWI; and (3) whether Nichols v. United States, 511 U.S. 738, 114 S. Ct. 1921, 128 L. Ed. 2d 745 (1994), permits the use of an uncounseled prior conviction for the purposes of enhancing a DWI misdemeanor to a felony. We affirm.
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