STATE v. UPSHAW

No. 174.

444 P.2d 995 (1968)

79 N.M. 484

STATE of New Mexico, Plaintiff-Appellee, v. Lucious UPSHAW, Defendant-Appellant.

Court of Appeals of New Mexico.

August 23, 1968.


Attorney(s) appearing for the Case

Robert A. Johnson, Roswell, for appellant.

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


OPINION

WOOD, Judge.

Convicted of three forgeries, defendant was given three sentences to run concurrently. The commitment to the penitentiary states that these sentences were to begin June 3, 1964. Because the beginning date of these sentences was postponed until the completion of a prior sentence, defendant moved for post-conviction relief under § 21-1-1(93) N.M.S.A. 1953. By his motion he sought credit on these sentences for time served in the penitentiary...

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