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FAULKNER v. STATE

No. 1519.

526 P.2d 1308 (1974)

86 N.M. 715

Billy Doyle FAULKNER, Petitioner-Appellant, v. The STATE of New Mexico, Respondent-Appellee.

Court of Appeals of New Mexico.

September 18, 1974.

Attorney(s) appearing for the Case

Robert H. Scott, Wollen, Segal & Scott, Albuquerque, for petitioner-appellant.

David L. Norvell, Atty. Gen., Ralph W. Muxlow, II, Asst. Atty. Gen., Santa Fe, for respondent-appellee.

OPINION

WOOD, Chief Judge.

This appeal concerns a second motion for post-conviction relief under § 21-1-1(93), N.M.S.A. (Repl.Vol. 4).

The contention is that petitioner did not voluntarily and intelligently waive his right to a direct appeal from his conviction for armed robbery. The record shows that petitioner took a direct appeal and that after the appeal was docketed in this Court, the appeal was dismissed at his request.

Petitioner...

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