STATE v. BREWTON

No. 694.

487 P.2d 1355 (1971)

83 N.M. 50

STATE of New Mexico, Plaintiff-Appellee, v. Alton Leon BREWTON, Defendant-Appellant.

Court of Appeals of New Mexico.

July 30, 1971.


Attorney(s) appearing for the Case

Roy G. Hill, Santa Fe, for defendant-appellant.

David L. Norvell, Atty. Gen., Thomas Patrick Whelan, Jr., Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

SUTIN, Judge.

Brewton seeks post conviction relief. He pleaded guilty to a misdemeanor committed in the state penitentiary while serving a prior sentence. He seeks credit on his sentence for the 28 days which elapsed between the day he was served with a warrant for his arrest and the day when judgment and sentence was entered on his plea of guilty. Reliance is placed on § 40A-29-25, N.M.S.A. 1953 ...

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