State v. Verdugo

OPINION

COMPTON, Justice.

The appellant entered pleas of guilty to charges of burglary and conspiracy to sell a narcotic drug and was thereupon sentenced on these charges. Later he was charged as an habitual offender and, upon his plea of guilty, was sentenced as an habitual offender. Subsequently, he filed a motion under Rule 93, § 21-1-1(93), N. M.S.A.1953, to vacate the latter sentence. On April 15, 1966, the court granted his motion, vacated the sentence imposed and then resentenced the appellant in his absence on the original charges.

This appeal questions the validity of resentencing the…