State v. Vargas

OPINION

CARMODY, Justice.

This is a post-conviction proceeding under our Rule 93 (§ 21-1-1(93), N.M. S.A.1953), in which the defendant has appealed from the trial court’s denial of the relief sought.

In July of 1960, defendant, while a prisoner of the New Mexico State Penitentiary, was taken before the district court of Santa Fe County on the basis of an information charging three offenses. Pie pleaded guilty to one count thereof, the other two counts were dismissed, and he was sentenced to an additional term in the penitentiary. In June of 1966, he made a motion under Rule 93, supra, to vacate…