STATE v. LAURICK


120 N.J. 1 (1990)

575 A.2d 1340

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. DAVID J. LAURICK, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided June 25, 1990.


Attorney(s) appearing for the Case

Larry R. Etzweiler, Deputy Attorney General, argued the cause for appellant (Robert J. Del Tufo, Attorney General of New Jersey, attorney; Larry R. Etzweiler and J. Grall Robinson, Deputy Attorneys General, on the briefs).

Jay G. Trachtenberg argued the cause for respondent (Jay G. Trachtenberg, attorney; Barbara A. Nyquist, on the briefs).


The opinion of the Court was delivered by O'HERN, J.

The question in this case is whether the assertion that a prior guilty plea to a charge of driving while intoxicated (DWI) was without the advice of counsel prevents the imposition of enhanced penalties on a second DWI conviction.

There are two aspects of our analysis. The first is constitutional analysis of the limits on a state's power to impose recidivist penalties on the basis of uncounseled convictions...

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