State v. Montoya

BENCH, Judge:

Defendant entered a conditional plea of no contest, purportedly preserving his right to appeal the denial of his motion to dismiss based on alleged inadequacies in the information that charged him with incest. We vacate the trial court’s acceptance of defendant’s plea and remand for further proceedings.

FACTS

Defendant, age 53, allegedly took his daughter, Nanette, age 35, to two different motels where he “beat her, and forced her to have sex with him on several occasions between February 22, 1991 and February 25, 1991.”

In April 1991, defendant was charged by information with…