State v. Patton

OPINION

HENDLEY, Judge.

Defendants’ motions for post-conviction relief under Rule 93 (§ 21-1-1(93), N.M.. S.A.1953, (Supp.1969)], were denied without hearings.

Rule 93, supra, provides in part that:

“Unless the motion and the files and' records of the case conclusively show that the prisoner is entitled to no relief,, the courts shall * * * grant a prompt hearing therein, determine the issues and. make findings of fact and conclusions-of law with respect thereto.”

The motions, files, and records do not conclusively show that defendants are not. entitled to a hearing. Accordingly, we reverse.

Defenda…