Legal Opinion

State v. Montler

New Mexico Supreme Court

Decided April 20, 1973No. 9617PublishedCited by 15 opinions

1Opinion of the Court

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 were negated by the fact that he was not informed of the maximum possible sentence for sodomy. This Court has construed the phrase “not less than…

2Cases cited7 opinions

  1. McCarthy v. United StatesSupreme Court of the United States · 1969
  2. Neller v. StateNew Mexico Supreme Court · 1968
  3. State v. KnerrNew Mexico Court of Appeals · 1968
  4. State v. GilbertNew Mexico Supreme Court · 1967
  5. Application of StoneNorth Dakota Supreme Court · 1969

2 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Vittitoe v. StateMississippi Supreme Court · 1990
  2. State v. GarciaNew Mexico Supreme Court · 1996
  3. State v. HarrisNew Mexico Court of Appeals · 1984
  4. State v. ChapmanNew Mexico Supreme Court · 1986
  5. State v. MartinezNew Mexico Court of Appeals · 1976

10 more not listed; retrieve them via the Exa API.

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