State v. Elledge

OPINION

WOOD, Judge, Court of Appeals.

The trial court denied defendant’s motion for post-conviction relief under § 21-1-1 (93), N.M.S.A.1953, and he appeals.

Defendant asserts five grounds for relief. The first three grounds claim a denial of rights guaranteed by the Fifth and Sixth Amendments to the Constitution of the United States as follows:(1) At the time of his arrest he was not advised that he had a right to remain silent, that any statement made by defendant might be used as evidence against him and that he had the right to the presence of an attorney. Under this point he relies on…