Lucero v. Kennard

OPINION

GREENWOOD, Judge:

¶ 1 Benjamin Frank Lucero (Petitioner) appeals the district court’s dismissal of his petition for post-conviction relief. He argues that while he was before the Murray City Justice Court (Justice Court), he was not properly advised of his constitutional right to counsel, and consequently did not knowingly and voluntarily waive his right to counsel before pleading guilty to driving under the influence of alcohol (DUI) in violation of Utah Code Annotated section 41-6-44 (Supp. 2003). Petitioner argues that the record in the Justice Court is insufficient to allow a…