STATE v. LUCERO

No. 5183.

639 P.2d 1200 (1981)

97 N.M. 346

STATE of New Mexico, Plaintiff-Appellee, v. Fidel LUCERO, Defendant-Appellant.

Court of Appeals of New Mexico.

December 1, 1981.


Attorney(s) appearing for the Case

John B. Bigelow, Chief Public Defender, David Stafford, Asst. Appellate Defender, Santa Fe, for defendant-appellant.

Jeff Bingaman, Atty. Gen., Clare E. Mancini, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

WALTERS, Chief Judge.

Defendant moved, before trial on a supplemental proceeding charging him as an habitual offender, to dismiss the charge or, alternatively, to permit withdrawal of his guilty plea to an underlying charge. The trial court denied the motions and defendant appeals. We reverse.

FACTS:

In 1980, defendant was charged with commercial burglary. He entered a guilty plea and was sentenced to eighteen months imprisonment...

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