(Download) "State v. Barnett" by New Mexico Court of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: State v. Barnett
- Author : New Mexico Court of Appeals
- Release Date : January 01, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
APPEAL FROM THE DISTRICT COURT OF QUAY COUNTY Ricky D. Purcell, District Judge OPINION {1} Defendant appeals the trial court's order denying his motion to withdraw his plea of guilty to charges of burglary and conspiracy. Defendant asserts that he is entitled to withdraw his guilty plea because: (1) the prosecuting attorney had a conflict of interest in that she previously represented Defendant and counseled his plea in a substantially related case; (2) Defendant's trial counsel in the present case rendered ineffective assistance in counseling his plea; and (3) the trial court failed to properly inform Defendant of his rights concerning his sentencing as a habitual offender. We determine that the trial court properly informed Defendant of his rights concerning the habitual offender sentence. However, we conclude that Defendant had a right to disqualify the prosecuting attorney because she previously represented him in a substantially related matter. We vacate the trial court's order and remand for an evidentiary hearing on the issue of whether Defendant's ability to knowingly and voluntarily enter his plea was prejudiced by his trial counsel's failure to competently advise him regarding his right to disqualify the prosecuting attorney. I. BACKGROUND
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