BORTMESS v. RODRIGUEZ

No. 9064.

375 F.2d 113 (1967)

Clifford L. BORTMESS, Appellant, v. Felix RODRIGUEZ, Acting Warden, New Mexico State Penitentiary, Appellee.

United States Court of Appeals Tenth Circuit.

March 16, 1967.


Attorney(s) appearing for the Case

E. P. Ripley, Santa Fe, N. M., for appellant.

L. D. Harris, Sp. Asst. Atty. Gen., Albuquerque, N. M. (Boston E. Witt, Atty. Gen., Sante Fe, N. M., on the brief), for appellee.

Before PICKETT and SETH, Circuit Judges, and BROWN, United States District Judge.


WESLEY E. BROWN, District Judge.

The appellant, Bortmess, was charged with unarmed robbery, a violation of Section 40-42-1, N.M.Stat.Ann. (1953). He appeared for arraignment without counsel, and was convicted upon entering a plea of guilty. On January 26, 1959, he was sentenced to a term of not less than three nor more than 15 years, which he is presently serving at the New Mexico State Penitentiary.

The sole question presented is whether there was a competent...

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