Legal Opinion

State v. Diaz

New Mexico Court of Appeals

Decided January 8, 2007No. 25,612PublishedCited by 8 opinions

1Opinion of the Court

OPINION

VIGIL, Judge.

{1} Defendant was convicted of driving a vehicle while under the influence of liquor or drugs (DWI). He was adjudged a felon, and sentenced to an enhanced mandatory prison term after the State established at the sentencing hearing that he had four prior DWI convictions. Defendant finished serving the prison term imposed, and he was on probation when the State attempted to reimprison him and enhance his sentence again because it had recently discovered an additional prior DWI conviction. The trial court denied the State’s motion, and the State appeals.

{2} We conclude that…

2Cases cited22 opinions

  1. United States v. DiFrancescoSupreme Court of the United States · 1980
  2. Swafford v. StateNew Mexico Supreme Court · 1991
  3. Robert Breest v. Raymond Helgemoe, Etc.Court of Appeals for the First Circuit · 1978
  4. Ventetoulo v. Attorney General RICourt of Appeals for the First Circuit · 1993
  5. State v. HardestyWashington Supreme Court · 1996

17 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. State v. WymanNew Mexico Court of Appeals · 2008
  2. State v. RedhouseNew Mexico Court of Appeals · 2011
  3. State v. RedhouseNew Mexico Court of Appeals · 2011
  4. Vallejos v. MarquezNew Mexico Supreme Court · 2007
  5. State v. GarciaNew Mexico Court of Appeals · 2021

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API