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STATE v. BIUS

No. 1079.

509 P.2d 573 (1973)

85 N.M. 98

STATE of New Mexico, Plaintiff-Appellee, v. Charles Michael BIUS, Defendant-Appellant.

Court of Appeals of New Mexico.

April 13, 1973.

Attorney(s) appearing for the Case

Alan Hartke, Marjon & Hartke, Albuquerque, for defendant-appellant.

David L. Norvell, Atty. Gen., Dee C. Blythe, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

WOOD, Chief Judge.

Defendant pled guilty to burglary. Section 40A-16-3, N.M.S.A. 1953 (2nd Repl. Vol. 6). His appeal asserts the trial court erred in accepting the guilty plea because the question of his competency to plead had previously been raised and that question had not been determined by the court.

On May 2, 1972, defendant moved for a psychiatric examination to determine whether defendant...

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