Martinez v. State

Defendant-appellant was charged by information with (1) unlawful possession of a narcotic drug, (2) one count of possession of implements, (3) three counts of breaking and entering, and (4) three counts of grand larceny. Initially defendant pleaded not guilty to all the charges, but subsequently withdrew these pleas and pled guilty to all counts. The trial judge accepted the guilty pleas and thereupon sentenced the defendant to a total of 15 years in the state penitentiary. Thereafter, on June 21, 1973 petitioner-appellant filed a motion to vacate judgment and sentence pursuant to RCrP 3.850.…