STATE v. ARCHIE

No. 8410.

432 P.2d 408 (1967)

78 N.M. 443

STATE of New Mexico, Plaintiff-Appellee, v. Franklin Melvin ARCHIE, Defendant-Appellant.

Supreme Court of New Mexico.

October 9, 1967.


Attorney(s) appearing for the Case

E. Ray Phelps, Roswell, for appellant.

Boston E. Witt, Atty. Gen., Donald W. Miller, Asst. Atty. Gen., Santa Fe, for appellee.


OPINION

WOOD, Judge, Court of Appeals.

Defendant's motion for post-conviction relief asked that the judgment and sentence be set aside and that defendant be allowed to withdraw his guilty plea. The motion was denied without a hearing. Defendant's motion raised issues as to (1) the validity of the guilty plea, (2) absence of counsel during his questioning and (3) absence of counsel at his preliminary hearing. The same issues are raised in his appeal.

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