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STATE v. BARRAZA

No. 29,807.

267 P.3d 815 (2011)

2011-NMCA-111

STATE of New Mexico, Plaintiff-Appellee, v. Esau BARRAZA, Defendant-Appellant.

Court of Appeals of New Mexico.

September 21, 2011.

Attorney(s) appearing for the Case

Gary K. King , Attorney General, Santa Fe, NM, Ralph E. Trujillo , Assistant Attorney General, Albuquerque, NM, for Appellee.

Daniel R. Lindsey, P.C., Daniel R. Lindsey , John L. Collins , Clovis, NM, for Appellant.

OPINION

GARCIA, Judge.

{1} Defendant, convicted of a felony that may likely result in his deportation, sought to withdraw his plea based on ineffective assistance of counsel. He sought relief under the historic writ of coram nobis that has now been incorporated into Rule 1-060(B) NMRA. Defendant's petition under Rule 1-060(B) depends on the existence of no other remedy. Since Defendant has not shown that the remedy of habeas corpus was unavailable...

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