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MAIMONA v. STATE

No. 540.

480 P.2d 171 (1971)

Daniel J. MAIMONA, Plaintiff-Appellant, v. STATE of New Mexico, Defendant-Appellee.

Court of Appeals of New Mexico.

January 8, 1971.

Attorney(s) appearing for the Case

Peter M. McDevitt, McDevitt & McDevitt, Gallup, for plaintiff-appellant.

James A. Maloney, Atty. Gen., Frank N. Chavez, Asst. Atty. Gen., Santa Fe, for defendant-appellee.

OPINION

WOOD, Judge.

Defendant appeals from a denial of post-conviction relief, § 21-1-1(93), N.M.S.A. 1953 (Repl. Vol. 4), after an evidentiary hearing. The three issues, and our answers, follow.

Evidence to support finding that guilty plea was voluntary.

In 1967, defendant pled guilty. No appeal was taken from the judgment of conviction and sentence entered following the plea. In 1968, defendant moved for post-conviction relief...

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