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STATE v. GILBERT

No. 8291

432 P.2d 402 (1967)

78 N.M. 437

STATE of New Mexico, Plaintiff-Appellee, v. Roland Lloyd GILBERT, Defendant-Appellant.

Supreme Court of New Mexico.

October 9, 1967.

Attorney(s) appearing for the Case

Lyle Walker, Fred T. Hensley, Clovis, for appellant.

Boston E. Witt, Atty. Gen., Paul J. Lacy, Asst. Atty. Gen., Santa Fe, for appellee.

OPINION

OMAN, Judge, Court of Appeals.

This is an appeal from an order denying defendant's motion for post-conviction relief filed pursuant to Rule 93 (§ 21-1-1(93), N.M.S.A. 1953, Supp. 1967). We affirm.

The point relied on for reversal is that:

"THE DEFENDANT DID NOT UNDERSTANDINGLY AND INTELLIGENTLY WAIVE HIS RIGHTS TO COUNSEL BECAUSE AT NO TIME DID THE TRIAL JUDGE EXPLAIN THE PUNISHMENT PROVIDED BY LAW, ANY POSSIBLE DEFENSES TO...

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