State v. Padilla

OPINION

SPIESS, Chief Judge.

Upon conviction in 1963 of involuntary manslaughter defendant was given’a sentence of one to ten years in the penitentiary

in accordance with Chapter 49, Laws of 1939 (now repealed).

This appeal is from the denial by the district court of defendant’s motion presumably filed pursuant to Rule 93 (§ 21-1-1(93) N. M.S.A., 1953 — 1967 Supp.), to require the court to credit upon his sentence the time he allegedly spent in presentence confinement in the county jail pending trial.

Defendant bases his right to credit upon § 40A-29-25, N.M.S.A., 1953 (1967 pocket supplement),…