Legal Opinion
State v. Kanikaynar
New Mexico Court of Appeals
Decided March 26, 1997No. 16327PublishedCited by 3 opinions
1Opinion of the Court
OPINION
ALARID, Judge.
1. Defendant pled guilty to aggravated driving while intoxicated (DWI) contrary to NMSA 1978, Section 66-8-102 (Repl. Pamp.1994). The basis for the aggravation was Defendant’s refusal to submit to a chemical test that would determine the alcohol concentration of his breath. See § 66-8-102(D)(3). Pursuant to Section 66-8-102(F)(2), his sentence included an additional sixty days minimum mandatory confinement. He appeals the imposition of the additional sixty days of confinement, contending the provision is unconstitutional because it infringes upon his Sixth Amendment right…
Also in this document: Concurrence.
2Cases cited20 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Doyle v. OhioSupreme Court of the United States · 1976
- Kirby v. IllinoisSupreme Court of the United States · 1972
- Skinner v. Railway Labor Executives' Assn.Supreme Court of the United States · 1989
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3Cited by3 opinions
- Kanikaynar v. SisnerosCourt of Appeals for the Tenth Circuit · 1999
- Browning v. Melton and Delabarcena-Beasley v. RunnelsNew Mexico Court of Appeals · 2010
- City of Rio Rancho v. ArrellanoNew Mexico Court of Appeals · 2010