State v. Baumgardner

OPINION

SPIESS, Chief Judge.

Defendant has appealed from an order denying without hearing his pro se motion for post conviction relief under Rule 93, § 21-1-1(93), N.M.S.A.1953.

Defendant was convicted upon his plea of guilty of armed robbery in violation of § 40A-16-2, N.M.S.A.1953, and sentenced to serve a term of not less than ten nor more than fifty years in the penitentiary.

Seven points are relied upon for reversal which will be considered and disposed of in the order of their presentation.

Defendant first contends that an issue as to the voluntariness of his plea was raised by his motion…