State v. Ramos

OPINION

WOOD, Chief Judge.

The issue is whether the trial court erred in denying defendant’s motion to withdraw his plea of guilty after sentence was imposed. Defendant claims denial of the motion deprived him of due process.

Defendant was charged with aggravated battery in violation of § 40A-3-5(C), N. M.S.A.1953 (2d Repl.Vol. 6). When arraigned, he pled not guilty. On the day set for trial, defendant changed his plea to guilty. Sentencing was postponed until a pre-sentence report could be obtained. ■

The proceedings at which the guilty plea was accepted, together with defendant’s affidavit, and…