State v. Lucero
New Mexico Court of Appeals
1Opinion of the Court
OPINION
WALTERS, Chief Judge.
Defendant moved, before trial on a supplemental proceeding charging him as an habitual offender, to dismiss the charge or, alternatively, to permit withdrawal of his guilty plea to an underlying charge. The trial court denied the motions and defendant appeals. We reverse.
FACTS:
In 1980, defendant was charged with commercial burglary. He entered a guilty plea and was sentenced to eighteen months imprisonment. Subsequently, the State filed a supplemental information alleging that defendant was an habitual criminal with two prior felony convictions.
At the hearing on…
Also in this document: Concurrence.
2Cases cited26 opinions
- Santobello v. New YorkSupreme Court of the United States · 1971
- McCarthy v. United StatesSupreme Court of the United States · 1969
- Roy Edward Raines v. United States of America, Michael Pasterchik v. United StatesCourt of Appeals for the Fourth Circuit · 1970
- Alexander v. Delgado Ex Rel. DelgadoNew Mexico Supreme Court · 1973
- Cephus Donald Dyer v. Richard CrispCourt of Appeals for the Tenth Circuit · 1980
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3Cited by12 opinions
- State v. GarciaNew Mexico Supreme Court · 1996
- Randy Wayne Thomas v. Dareld Kerby Attorney General of the State of New MexicoCourt of Appeals for the Tenth Circuit · 1995
- State v. MuiseNew Mexico Court of Appeals · 1985
- State v. WhiteNew Mexico Court of Appeals · 1984
- State v. Jonathan B.New Mexico Supreme Court · 1997
7 more not listed; retrieve them via the Exa API.