State v. Kenney

OPINION

WOOD, Judge.

Represented by court appointed counsel, defendant pleaded guilty to an attempt to rape a child under the age of thirteen years and to aggravated battery. He sought post-conviction relief under § 21-1-1(93), N.M. S.A.19S3 (Supp.1969) claiming his plea was involuntary and his counsel was incompetent. His claims are directed to: (1) a psychiatric examination; (2) knowledge of his case gained by counsel that withdrew; and (3) advice of counsel that represented him throughout the case. The trial court denied the motion without a hearing; defendant appeals.

Defendant contends he…