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SENA v. NEW MEXICO STATE PRISON

No. 95-2170.

109 F.3d 652 (1997)

Monty P. SENA, Petitioner-Appellant, v. NEW MEXICO STATE PRISON; Attorney General State of New Mexico, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

March 13, 1997.

Attorney(s) appearing for the Case

Roger A. Finzel (Judith A. Rosenstein, with him on the briefs), Assistant Federal Public Defenders, Albuquerque, NM, for Petitioner-Appellant.

Margaret E. McLean, Assistant Attorney General (Tom Udall, Attorney General, with her on the brief). Santa Fe, New Mexico, for Respondents-Appellees.

Before PORFILIO, McWILLIAMS, and HENRY, Circuit Judges.

JOHN C. PORFILIO, Circuit Judge.

Petitioner Monty P. Sena appeals the dismissal of his petition filed under 28 U.S.C. § 2254. In the petition, Mr. Sena asserted his 1978 state guilty plea was involuntary, his counsel was ineffective, and the state trial court erred by not granting him a competency hearing prior to the entry of his plea. The district court dismissed the petition on the basis of procedural default and denied a certificate of probable cause.

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