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STATE v. DALRYMPLE

No. 7857.

407 P.2d 356 (1965)

75 N.M. 514

STATE of New Mexico, Plaintiff-Appellee, v. Floyd Earl DALRYMPLE, Defendant-Appellant.

Supreme Court of New Mexico.

November 1, 1965.

Attorney(s) appearing for the Case

Hinkle, Bondurant & Christy, Michael R. Waller, Roswell, for appellant.

Boston E. Witt, Atty. Gen., Oliver E. Payne, Deputy Atty. Gen., Roy G. Hill, Frank Bachicha, Jr., Asst. Attys. Gen., Santa Fe, for appellee.

MOISE, Justice.

On November 27, 1964, appellant pleaded guilty to one count of robbery contrary to § 40A-16-2, N.M.S.A. 1953. On the same date, an information was filed charging him with being a habitual offender in that he had been convicted in 1958, 1960 and 1963 in Texas of crimes which if committed in New Mexico would have been felonies, and sentencing as provided in § 40A-29-5, N.M.S.A. 1953, was sought. A plea of not guilty to the charge was entered...

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