State v. Johnson

OPINION

HENDLEY, Judge.

Defendant’s motion for post-conviction relief pursuant to § 21-1-1(93), N.M.S.A. 1953 (Supp.1969) was denied after a hearing. Defendant appeals giving two groxxnds for reversal.

We affii'm.

“POINT I

“THE COURT’S FINDINGS OF FACT NUMBERED * * * ARE NOT SUPPORTED BY SUBSTANTIAL EVIDENCE.”

Findings which are supported by substantial evidence will not be disturbed on appeal. State v. Moser, 80 N.M. 404, 456 P.2d 878 (1969).

We have carefully examixxed the briefs and the transcript and find that the trial court’s findings are supported.

“POINT II

“THE COURT ERRED IN FAILING TO GIVE…