Lucero v. Kennard

DURRANT, Justice:

INTRODUCTION

¶ 1 In this case, we are asked to consider whether the PosMUonviction Remedies Act (“PCRA”) allows collateral attacks on a justice court conviction when the defendant has failed to seek a trial de novo. The court of appeals concluded that the failure to seek a trial de novo bars a justice court defendant from obtaining post-conviction relief. We granted certiorari to review the court of appeals’ opinion. We now affirm.

BACKGROUND

¶ 2 Petitioner Benjamin Frank Lucero was charged in the Murray City Municipal Justice Court with driving under the influence of alcohol,…