Faulkner v. State

OPINION

WOOD, Chief Judge.

This appeal concerns a second motion for post-conviction relief under § 21 — 1— 1(93), N.M.S.A. (Repl.Vol. 4).

The contention is that petitioner did not voluntarily and intelligently waive his right to a direct appeal from his conviction for armed robbery. The record shows that petitioner took a direct appeal and that after the appeal was docketed in this Court, the appeal was dismissed at his request.

Petitioner’s contention at the evidentiary hearing on the second motion was that his dismissal of his direct appeal was involuntary. Petitioner’s motion asserts that…