State v. Thomas

OPINION

ARMIJO, Judge.

Walter A. Thomas pleaded guilty to an information charging him with commission ■of an offense in violation of the provisions •of § 40A-9-9, N.M.S.A. 1953 and on September 27, 1965, was sentenced to the State Penitentiary for a period of not less than •one year nor more than five years.

Appellant filed a motion under Rule 93 I§ 21-1-1 (93), N.M.S.A. 1953 (Supp. 1967) ] : whereby he seeks credit for time •spent in presentence confinement from June 18, 1965 to date of sentencing. Appellant was denied a hearing and he appeals from •an order overruling his motion.

Appellant…