State v. Dalrymple

OPINION

OMAN, Judge.

Defendant seeks reversal of an order denying, without a hearing, his motion under Rule 93 [§ 21-1-1(93), N.M.S.A-1953 (Supp.1967)].

The sole question involved is his right to be credited with the period of his presentence confinement against the penitentiary term he is now serving. He was re-sentenced on December 13, 1965, and the term of his sentence commenced as of January 12, 1965. He is not questioning the correctness of this sentence, which was upheld in State v. Dalrymple, 77 N.M. 4, 419 P.2d 218 (1966).

His contention now is that he is entitled to credit for the period…