Lott v. Cox

NOBLE, Justice.

Walter R. Lott was convicted May 17, 1961 in Cause No. 5047, Curry County, of breaking and entering, and was sentenced May 23, 1961 to serve not less than one nor more than three years. On May 19, 1961, he was charged in Cause No. 5062 with prior felonies, and a jury determined October 8, 1962 that he had been convicted of four prior felonies, At that time, the court, in Cause No. 5062, vacated the sentence theretofore imposed in Cause No. 5047 and sentenced him to life imprisonment.

In a prior habeas corpus proceeding, Lott v. Cox, 75 N.M. 102, 401 P.2d 93, we held that the…