Roman v. State

OPINION

WOOD, Judge.

Defendant’s motion for post-conviction relief under § 21-1-1(93), N.M.S.A.1953 (Supp.1969) raised two issues: (1) he was not competent to stand trial, and (2) his guilty plea was involuntary.

Competency to stand trial.

Defendant pleaded guilty to assault with intent to commit a violent felony. Section 40A-3-3, N.M.S.A.1953 (Repl.Vol. 6). According to the record, the offense was committed May 15, 1967. A police officer’s affidavit stated the defendant entered a grocery store and, without a word being spoken, pulled a pistol and shot the victim. The record indicates an El Paso…