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STATE v. MONTLER

No. 9617.

509 P.2d 252 (1973)

85 N.M. 60

STATE of New Mexico, Plaintiff-Appellee, v. Jack W. Montler, Defendant-Appellant.

Supreme Court of New Mexico.

April 20, 1973.

Attorney(s) appearing for the Case

Peter B. Shoenfeld, Santa Fe, for defendant-appellant.

David L. Norvell, Atty. Gen., Ronald Van Amberg, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

McMANUS, Chief Justice.

This is an appeal from an order denying defendant's motion for post-conviction relief filed pursuant to Rule 93 (§ 21-1-1(93), N.M.S.A. 1953). Movant sought relief in the District Court of McKinley County from a sentence of "not less than one year" imposed upon him in 1962 as a result of his plea of guilty to the charge of sodomy. He complains that at that time his waiver of his right to counsel and his plea of guilty...

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