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STATE v. SANDOVAL

Nos. 7452, 7453.

683 P.2d 516 (1984)

101 N.M. 399

STATE of New Mexico, Plaintiff-Appellee, v. Timothy SANDOVAL, Defendant-Appellant. STATE of New Mexico, Plaintiff-Appellant. v. Tony BARRERAS, Defendant-Appellee.

Court of Appeals of New Mexico.

May 10, 1984.

Attorney(s) appearing for the Case

Paul G. Bardacke, Atty. Gen., Santa Fe, Stephen A. Slusher, Deputy Dist. Atty., Harry Zimmerman, Asst. Dist. Atty., Albuquerque, for plaintiff-appellee and for plaintiff-appellant.

Janet Clow, Chief Public Defender, Katherine Pettit, Asst. Appellate Defender, Santa Fe, for defendant-appellant/Sandoval and for defendant-appellee/Barreras.

OPINION

BIVINS, Judge.

Defendant Sandoval appeals from a second offense conviction of driving while under the influence of intoxicating liquor (DWI) in violation of NMSA 1978, § 66-8-102(E) (Cum.Supp. 1983), claiming that denial of his constitutional right to counsel required dismissal. In the Barreras case, the State appeals from an order dismissing second offense DWI charges based on denial of that defendant's constitutional right to counsel. Because...

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