OPINION
ARMIJO, Judge, Court of Appeals.
Appellant was convicted by jury of the crime of escape from custody of a peace officer, and was sentenced. Following this, appellant gave notice of appeal; he thereafter abandoned his appeal and now seeks post-conviction relief under § 21-1-1 (93), N.M.S.A. 1953. A pauper's affidavit accompanied his motion. Counsel was assigned to represent appellant. The same judge who presided at the trial considered the motion...
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