State v. Weddle

OPINION

Upon consideration of this appeal we adopt the following language from the opinion of the Court of Appeals prepared by Court of Appeals Judge LaFel E. Oman:

“The appellant, at all times material hereto, has been confined in the New Mexico State Penitentiary pursuant to a plea of guilty to the crime of armed robbery and a sentence to confinement in the New Mexico State Penitentiary for a term of not less than three years nor more than twenty-five years.

On April 15, 1966, he filed a motion for an order vacating the sentence and discharging him from custody. The motion was filed pursuant…