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STATE v. NASH

No. 25,700.

170 P.3d 533 (2007)

2007-NMCA-141

STATE of New Mexico, Plaintiff-Appellant, v. James NASH, Defendant-Appellee.

Court of Appeals of New Mexico.

September 5, 2007.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, Katherine Zinn, Assistant Attorney General, Santa Fe, NM, for Appellant.

John Bigelow, Chief Public Defender, Catherine A. Begaye, Assistant Appellate Defender Santa Fe, NM, for Appellee.

OPINION

ROBINSON, Judge.

{1} By statute, a defendant's sentence for driving while intoxicated (DWI) will be enhanced upon proof of prior, valid convictions for DWI. The State appeals the district court's ruling that it could not enhance Defendant James Nash's sentence for DWI based on the invalidity of one of his prior convictions for DWI. The State argues that the district court erred for two reasons: (1) the district court considered an oral...

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