State v. Upshaw

OPINION

WOOD, Judge.

Convicted of three forgeries, defendant was given three sentences to run concurrently. The commitment to the penitentiary states that these sentences were to begin June 3, 1964. Because the beginning date of these sentences was postponed until the completion of a prior sentence, defendant moved for post-conviction relief under § 21-1-1(93) N.M.S.A.1953. By his motion he sought credit on these sentences for time served in the penitentiary, beginning June 3, 1964. The motion was denied without a hearing; defendant appeals.

The three forgeries were committed while defendant was…