[DOWNLOAD] "State v. Wildenstein" by New Mexico Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: State v. Wildenstein
- Author : New Mexico Court of Appeals
- Release Date : January 07, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
Defendant challenged the validity of his 1959 conviction. Such an attack was permitted, but on a limited basis. State v. Dalrymple, 75 N.M. 514, 407 P.2d 356 (1965) points out that the challenge must involve issues which may be utilized in collaterally attacking the validity of the prior conviction. This, of course, is obvious; a challenge to the validity of the prior conviction, in habitual offender proceedings, is a collateral attack on its validity. State v. Dalrymple, supra, explains that our habitual offender statute contemplates that the prior "convictions were valid and not void because of some constitutional defect. If void, they would be nullities and not convictions." See State v. Gallegos, 91 N.M. 107, 570 P.2d 938 (Ct. App.1977).
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