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State v. Sedillo11/15/2000
The practice of law in the metropolitan, municipal, and magistrate courts of this state is often conducted with a certain degree of informality. The question we address in this case is whether an order in the form of a judge's handwritten notations is sufficient to prove prior convictions for driving while intoxicated (DWI). We hold that a fact finder is permitted, but not required, to find the fact of a prior conviction where, as here, the prior conviction is proved by a judge's handwritten abbreviations on a complaint. A defendant is, of course, permitted to challenge the fact of such a conviction, but a fact finder does not have to accept the challenge and may find that the defendant's challenge creates a mere conflict in the evidence and therefore find that the conviction occurred. The fact finder may also rule in favor of a defendant's challenge and find that the conviction did not occur.
Defendant was convicted of his fourth offense of DWI and sentenced under NMSA 1978, § 66-8-102(G) (1999) for a fourth degree felony. Defendant appeals the sentence, claiming that the State did not prove a prima facie case of one of Defendant's prior DWI convictions. Defendant claims that this is his third DWI conviction and therefore a misdemeanor for sentencing purposes. We affirm the judgment and sentence of the trial court.
FACTS AND PROCEDURAL HISTORY
In a plea agreement filed March 24, 1999, Defendant pleaded guilty to DWI contrary to Section 66-8-102, admitted to two prior DWI convictions, and agreed to the mandatory minimum sentencing requirement. Defendant also reserved his right to appeal the trial court's ruling that a fourth DWI conviction, Docket No. CR 15040-87, dated November 10, 1987, was valid for the purpose of sentence enhancement.
At the hearing on Defendant's motion for an offer of proof of prior convictions, the trial court determined that the State's evidence was adequate to prove the 1987 conviction. The State presented three documents, the fronts of which are reproduced at the end of this opinion: a complaint filed with the metropolitan court that included a handwritten notation of a guilty plea with a judge's signature; a waiver of counsel form signed by the same judge and by Defendant; and a computer printout from the metropolitan court indicating a plea of guilty to "DWI FIRST OFFENSE." The complaint and the waiver were both certified on the back sides of the pages by the metropolitan court clerk on November 22, 1995, shortly after the commission of the second DWI offense to which Defendant admitted. The printout was certified by the metropolitan court clerk on March 12, 1999, in apparent anticipation of the proceedings in this case. At issue in this appeal is the adequacy of these documents to prove a conviction for sentence enhancement purposes.
STANDARD OF PROOF AND REVIEW
The fourth degree felony designation is intended only to enhance punishment for repeat DWI offenders. See State v. Anaya, 1997-NMSC-010, 11-14, 123 N.M. 14, 933 P.2d 223. Proof beyond a reasonable doubt of the prior DWI convictions is not needed. See id.; see also State v. Smith, 2000-NMSC-005, 8, 128 N.M. 588, 995 P.2d 1030 (holding that, for the purposes of the habitual offender statute, the State must prove a prior conviction by a preponderance of evidence). The State bears the initial burden of establishing a prima facie case of a defendant's previous convictions. See State v. Duncan, 117 N.M. 407, 412, 872 P.2d 380, 385 (Ct. App. 1994). The defendant is then entitled to bring forth contrary evidence. See id. However, the State bears the ultimate burden of persuasion on the validity of prior convictions. See State v.
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