State v. Botello

OPINION

OMAN, Judge.

Defendants have taken this appeal from the denial of their motion filed under Rule 93 [§ 21-1-1(93), N.M.S.A.1953 (Supp.1967)]. The trial court granted a hearing on the motion. After the presentation of evidence by both sides, the motion was denied. Defendants were returned to the New Mexico State Penitentiary, where they have been confined since the imposition of sentences on March 3, 1967, upon their convictions of burglary pursuant to the entry of their pleas of guilty on February 23, 1967.

At the sentencing proceedings, counsel for defendants stated they were narcotics…