State ex rel. Dean v. City Court

OPINION

FERNANDEZ, Judge.

The sole issue raised in these consolidated cases is whether appellants’ lack of counsel in their prior convictions for driving under the influence of intoxicating liquor (DUI) may be collaterally attacked when the convictions are used to enhance the sentence in their present DUI convictions.

In February 1987, appellant Raymond Kruger was arrested for driving under the influence and driving with a blood alcohol content greater than .10. The state alleged a prior conviction for DUI based upon Kruger’s plea of no contest entered in Tucson City Court on March 22, 1985.…