NIETO v. STATE

No. 140.

443 P.2d 500 (1968)

79 N.M. 330

Albert NIETO, Jr., Petitioner, v. STATE of New Mexico, Respondent.

Court of Appeals of New Mexico.

June 28, 1968.


Attorney(s) appearing for the Case

John H. Schuelke, Gallup, for petitioner.

Boston E. Witt, Atty. Gen., James V. Noble, Asst. Atty. Gen., Santa Fe, for respondent.


OPINION

WOOD, Judge.

Defendant (petitioner, Nieto) moved for post-conviction relief under § 21-1-1(93) N.M.S.A. 1953 (Supp. 1967). This motion is based on the fact that a police informer "* * * testified as to how the crime supposedly happened * * *." The motion was denied without a hearing. Defendant appeals, claiming it was error "* * * to summarily deny him relief * * *."

Defendant was convicted of a narcotics offense; his conviction was...

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