STATE v. GORTON

No. 219.

449 P.2d 791 (1969)

79 N.M. 775

STATE of New Mexico, Plaintiff-Appellee. v. Michael W. GORTON, Defendant-Appellant.

Court of Appeals of New Mexico.

January 10, 1969.


Attorney(s) appearing for the Case

Samuel Mandel, Albuquerque, for appellant.

Boston E. Witt, Atty. Gen., Donald W. Miller, Larry N. Smith, Asst. Attys. Gen., Santa Fe, for appellee.


OPINION

WOOD, Judge.

While represented by counsel, defendant pled guilty to issuing a worthless check and to embezzlement. The two offenses are unrelated. There was no direct appeal. His motion for post-conviction relief under § 21-1-1(93), N.M.S.A. 1953 (Supp. 1967) was denied without a hearing. He now appeals the order which denied post-conviction relief. The claims made, and our answers, are:

1. He is confined without due process of law....

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