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ROMAN v. STATE

No. 424.

468 P.2d 878 (1970)

81 N.M. 477

Harry ROMAN, Plaintiff-Appellant, v. STATE of New Mexico, Defendant-Appellee.

Court of Appeals of New Mexico.

April 17, 1970.

Attorney(s) appearing for the Case

Don Hancock, Alamogordo, for plaintiff-appellant.

James A. Maloney, Atty. Gen., Santa Fe, Justin Reid, Asst. Atty. Gen., for defendant-appellee.

OPINION

WOOD, Judge.

Defendant's motion for post-conviction relief under § 21-1-1(93), N.M.S.A. 1953 (Supp. 1969) raised two issues: (1) he was not competent to stand trial, and (2) his guilty plea was involuntary.

Competency to stand trial.

Defendant pleaded guilty to assault with intent to commit a violent felony. Section 40A-3-3, N.M.S.A. 1953 (Repl.Vol. 6). According to the record, the offense was committed May 15, 1967...

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