Maes v. State

OPINION

WOOD, Chief Judge

Maes moved for post-conviction relief under § 21-1-1(93), N.M.S.A.1953 (Repl. Vol. 4). The motion was denied without a hearing. The appeal raises three claims. We affirm as to the second and third claims but reverse for further proceedings in connection with the first claim.

The first claim attacks the basis for Maes’ present imprisonment. The motion for relief asserts that Macs was convicted of “ ‘car theft’ ” and sentenced to one to five years; that this sentence was suspended and Maes was placed on probation for six months. The motion asserts that subsequently Maes…