Legal Opinion

State v. Owens

Court of Appeals of Arizona

Decided October 28, 1980No. 1 CA-CR 4459PublishedCited by 6 opinions

1Opinion of the Court

OPINION

HAIRE, Presiding Judge.

• The pivotal issue in this appeal is whether an express stipulation in a plea of no contest can act to preserve a non jurisdictional defect which otherwise would be waived as a result of the plea.

Appellant was tried on a charge of driving at a speed greater than reasonable and prudent, convicted and fined $35. Subsequently the state filed a new complaint against him based on the same driving incident. The new complaint charged appellant with driving a motor vehicle while under the influence of intoxicating liquor, while his license was suspended, revoked or…

2Cases cited10 opinions

  1. Boykin v. AlabamaSupreme Court of the United States · 1969
  2. Santobello v. New YorkSupreme Court of the United States · 1971
  3. United States v. Florencio SepeCourt of Appeals for the Fifth Circuit · 1973
  4. United States v. Melvin Richard MizellCourt of Appeals for the Fifth Circuit · 1973
  5. State v. ArnsbergCourt of Appeals of Arizona · 1976

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3Cited by6 opinions

  1. State v. MillanesCourt of Appeals of Arizona · 1994
  2. State v. MiyazakiHawaii Supreme Court · 1982
  3. Lemon v. StateCourt of Appeals of Alaska · 1982
  4. State v. WhiteCourt of Appeals of Arizona · 1989
  5. State v. AdamsonCourt of Appeals of Arizona · 1984

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

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