State v. Hernandez

PERRY, Judge.

Miguel Hernandez appeals from his judgment of conviction and sentence for conspiracy to traffic in methamphetamine. We affirm Hernandez's judgment of conviction, but vacate and remand for resentencing.

I

BACKGROUND

In July 1998, Hernandez was charged with conspiracy to traffic in methamphetamine. On August 6, 1998, the charging information was filed with the district court. Hernandez pled not guilty, and a trial date was set. Two weeks before the scheduled trial date of October 14,1998, counsel for Hernandez filed a motion to withdraw. The district court granted the motion and…