Legal Opinion
State v. Ulibarri
New Mexico Court of Appeals
Decided August 21, 1981No. 4968PublishedCited by 9 opinions
1Opinion of the Court
OPINION
HENDLEY, Judge.
Convicted of operating a motor vehicle while under the influence of intoxicating liquor contrary to § 66-8-102, N.M.S.A.1978 (Supp.1980), defendant was sentenced to a term of nine months and fined $500.00 as a second offender. Defendant appeals claiming that under Baldasar v. Illinois, 446 U.S. 222, 100 S.Ct. 1585, 64 L.Ed.2d 169 (1980), his first offense, a guilty plea in Clovis Municipal Court to a charge of driving while intoxicated, could not be uséd to enhance his penalty because he was not represented by counsel. We agree and reverse.
The sole issue we decide is…
2Cases cited7 opinions
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Argersinger v. HamlinSupreme Court of the United States · 1972
- Burgett v. TexasSupreme Court of the United States · 1967
- Scott v. IllinoisSupreme Court of the United States · 1979
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State v. LyonNew Mexico Court of Appeals · 1985
- Bilbrey v. StateCourt of Criminal Appeals of Alabama · 1988
- State v. WilsonMissouri Court of Appeals · 1984
- State v. HosteenNew Mexico Court of Appeals · 1996
- State v. WatchmanNew Mexico Court of Appeals · 1991
4 more not listed; retrieve them via the Exa API.