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Goins v. State8/4/2004
established in California at the time of Goins's conviction.
Based on this record, we find that Goins failed to present any evidence that he was denied his right to counsel when he was convicted of driving while under the influence in 1971. We therefore conclude that the district court did not err in relying on Goins's 1971 conviction in determining that he was a third-time offender and in imposing the mandatory minimum sentence of 60 days to serve.
Conclusion Goins's sentence is AFFIRMED.
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