This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
- Abraham Piedra was convicted and sentenced in a case where he chose to represent himself at trial. The appellate court reviewed whether Piedra had knowingly and intelligently waived his right to counsel before being allowed to self-represent.
Procedural History
- Appeal from the District Court of Otero County, Jerry H. Ritter, Jr., District Judge, July 8, 2014.
Parties' Submissions
- Appellant: Argued that the record does not support a conclusion that he knowingly and intelligently waived his right to counsel before being permitted to represent himself at trial.
- Appellee: Filed a notice of its intent not to file a motion in opposition.
Legal Issues
- Whether the appellant knowingly and intelligently waived his right to counsel before being permitted to represent himself at trial.
Disposition
- The judgment and sentence entered below were reversed, and the case was remanded to the district court for a new trial.
Reasons
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CYNTHIA A. FRY, Judge (JAMES J. WECHSLER, Judge and MICHAEL D. BUSTAMANTE, Judge concurring):The Court proposed to reverse the conviction and sentence on the basis that the record does not support a conclusion that Piedra knowingly and intelligently waived his right to counsel before being permitted to represent himself at trial. The State did not file a motion in opposition to this proposal. Consequently, the Court reversed the judgment and sentence and remanded the case for a new trial.
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