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STATE v. WHEELER

No. 491.

473 P.2d 372 (1970)

81 N.M. 758

STATE of New Mexico, Plaintiff-Appellee, v. Jimmy Lee WHEELER, Defendant-Appellant.

Court of Appeals of New Mexico.

July 17, 1970.

Attorney(s) appearing for the Case

C. Fincher Neal, Neal & Neal, Hobbs, for defendant-appellant.

James A. Maloney, Atty. Gen., William J. Torrington, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

WOOD, Judge.

Defendant pled guilty and was sentenced to not less than one nor more than five years in the penitentiary. He moved for postconviction relief. Section 21-1-1(93), N.M.S.A. 1953 (Supp. 1969). He claimed that he had been promised a sentence of approximately ninety days if he plead guilty. His motion was denied; he appeals.

Generally, a guilty plea induced by a promise is void. State v. Baumgardner, 79 N.M. 341

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