STATE v. MONTOYA

No. 438.

465 P.2d 290 (1970)

81 N.M. 233

STATE of New Mexico, Plaintiff-Appellee, v. Ramon Phillip MONTOYA, Defendant-Appellant.

Court of Appeals of New Mexico.

January 30, 1970.


Attorney(s) appearing for the Case

Snyder H. Downs, Sante Fe, for appellant.

James A. Maloney, Atty. Gen., Santa Fe, Vince D'Angelo, Asst. Atty. Gen., for appellee.


OPINION

WOOD, Judge.

Montoya's motion for post-conviction relief under § 21-1-1(93), N.M.S.A. 1953 (Supp. 1969) was denied without a hearing. He appeals.

The claims, and our answers:

(a) He was incompetent to stand trial because he was only twenty-two years old, lacked education and "in a general manner" did not understand the proceedings in the trial court. If he did not understand the proceedings he could have asked his court appointed...

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