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STATE v. MAPLES

No. 496.

474 P.2d 718 (1970)

82 N.M. 36

STATE of New Mexico, Plaintiff-Appellee, v. Floyd Douglas MAPLES, Defendant-Appellant.

Court of Appeals of New Mexico.

September 11, 1970.

Attorney(s) appearing for the Case

Dwight D. Arthur, Deming, for appellant.

James A. Maloney, Atty. Gen., Santa Fe, Ray Shollenbarger, Asst. Atty. Gen., for appellee.

OPINION

OMAN, Judge.

Defendant's motion for relief under Rule 93 [§ 21-1-1(93), N.M.S.A. 1953 (Supp. 1969)] was denied without a hearing, and he appeals. We affirm.

As grounds for the motion, which defendant apparently prepared, it is alleged:

"1. Petitioner was sentenced without the aid or advice of counsel at any time during the court proceedings. "2. Petitioner was not capable of intelligently waiving rights to counsel...

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