STATE v. BAUMGARDNER

No. 167.

443 P.2d 511 (1968)

79 N.M. 341

STATE of New Mexico, Plaintiff-Appellee, v. Rex Dallas Baumgardner, Defendant-Appellant.

Court of Appeals of New Mexico.

June 28, 1968.


Attorney(s) appearing for the Case

Ray Hughes, Deming, for defendant-appellant.

Boston E. Witt, Atty. Gen., James V. Noble, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

SPIESS, Chief Judge.

Defendant has appealed from an order denying without hearing his pro se motion for post conviction relief under Rule 93, § 21-1-1(93), N.M.S.A. 1953.

Defendant was convicted upon his plea of guilty of armed robbery in violation of § 40A-16-2, N.M.S.A. 1953, and sentenced to serve a term of not less than ten nor more than fifty years in the penitentiary.

Seven points are relied upon for reversal which...

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