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State v. House11/20/1997
that by pleading guilty to DWI he could later be subjected to enhanced sentences for future DWI-related offenses. However, a defendant need not be informed of all collateral consequences to pleading guilty to make the guilty plea knowing, intelligent, and voluntary. See ); see also Nichols v. United States, 511 U.S. 738, 748 (1994) (there is no requirement that a misdemeanor defendant be advised that his conviction might be used for enhancement purposes if he is convicted of another crime in the future). In short, the district court did not err in concluding that Defendant's guilty plea was knowing, intelligent, and voluntary. Thus, the district court did not err in using Defendant's prior 1987 DWI conviction to enhance his sentence for the DWI conviction in this case.
IV. CONCLUSION
{70} Defendant's conviction for DWI after the first trial is affirmed. However, because we conclude that the district court should not have changed venue from Taos County, we reverse the remainder of Defendant's convictions after the third trial and remand for a new trial.
{71} IT IS SO ORDERED.
BENNY E. FLORES, Judge I CONCUR:
RUDY S. APODACA, Judge
M. CHRISTINA ARMIJO, Judge (concurring in part, Dissenting in part)
ARMIJO, Judge (concurring in part and Dissenting in part)
{72} I respectfully Dissent because I believe the trial court's decision to grant a change of venue from Taos County was in accordance with law and amply supported by substantial evidence. In concluding that voir dire of a third venire in Taos County was a prerequisite to a change of venue, the majority attempts to eclipse all the other indicators of local prejudice and public excitement that were abundant in the record before the trial court. In doing so, the majority has stepped outside the permissible bounds of appellate review by independently weighing the evidence and substituting its own judgment for that of the trial court.
{73} My Discussion is limited to the issue of whether the trial court erred by moving Defendant's third trial from Taos County because of public excitement or local prejudice. My analysis of this issue focuses on the standard of appellate review, the necessity of conducting additional voir dire of prospective jurors, and the sufficiency of the evidence regarding local prejudice and public excitement in Taos County.
{74} I concur in the affirmance of Defendant's conviction and sentence for driving while intoxicated (DWI). Although I disagree that a remand is required because of the change of venue from Taos County, I agree that the trial court did not err in denying Defendant's motion to dismiss, in admitting Defendant's blood-alcohol test results into evidence, and in enhancing Defendant's sentences based on a prior misdemeanor DWI conviction. I do not address the merits of Defendant's constitutional challenges to the district court's selection of Dona Ana County as the new venue for the third trial because the majority bases it holding solely on the issue of the change of venue from Taos County.
A. Standard of Appellate Review
{75} In New Mexico, as in the majority of other states, "granting or denying a motion for a change of venue is within the sound discretion of the trial court," and an appellate court will not disturb the trial court's ruling absent an abuse of this discretion. ; see also NMSA 1978, 38-3-6 (1880) (second change of venue may be granted at court's discretion); 21 Am. Jur. 2d 389, at 643-44; 391, at 657-58 (1981) (appellate court will reverse trial court's venue ruling only where an abuse of discretion plainly appears). I agree with the majority that this is
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