New Mexico Supreme Court· 4/3/1996

State v. Garcia

Citations

915 P.2d 300
121 N.M. 544

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that “absent a showing of prejudice to the defendant's right to understand his guilty plea and its consequences, substantial compliance with Rule 5-303(E) is sufficient”
holding that a failure to advise the defendant of the potential penalties makes the plea involuntary and unknowing, and as a result the defendant must be allowed to withdraw his plea
stating that the defendant made his initial oral motion to withdraw his plea prior to sentencing, and applying the “knowing and voluntary” standard
recognizing that substantial compliance with the rules can be 12 sufficient
noting that the district court “rule governing its plea procedures protects both the important rights of the defendant and ensures the proper administration of criminal law”
holding defendant should be allowed to withdraw plea where district court did not substantially comply with rules governing the taking of pleas because plea was not knowing and voluntary

Source: CourtListener parenthetical corpus (CC0).

Judges: Franchini, Ransom, Minzner

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Cited by

41 cases in this archive cite this case; the 20 most cited are listed.

Cites

23 cases in this archive are cited by this case; the 20 most cited are listed.

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