Description: Farmington, New Mexico, criminal defense lawyer represented the Defendant charged with driving while intoxicated (DUI)

Hardy R. Begay was found guilty and was sentenced to to a term of imprisonment of twelve years, ten years of which shall not be suspended, deferred or taken under advisement.").

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Legal issue Did the defendant stipulate to the validity of prior DWI convictions, thereby making the sentence for an eighth or subsequent DWI legally valid?
Headnote

CRIMINAL LAW. SENTENCING FOR REPEAT OFFENDERS. The case examines whether the defendant's sentence for aggravated driving while intoxicated as a special second-degree felony was illegal due to an alleged failure by the State to prove eight prior DWI convictions; the court found that the defendant had stipulated to the validity of three disputed prior convictions, affirming the sentence.

CRIMINAL PROCEDURE. VALIDITY OF PRIOR CONVICTIONS. The court addressed whether a defendant could challenge the evidence supporting prior convictions on appeal when the defendant had stipulated to their validity during sentencing, concluding that failure to contest the validity at the district court level constituted a waiver of the requirement for the State to prove those convictions.

Outcome: Affirmed

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Defendant's Experts:

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