State v. Kincheloe

I dissent.

(A) Defendant cannot claim inadequacy of counsel.

The majority opinion states:. . . The issue is whether under the foregoing undisputed facts, defendant had effective assistance of counsel.

“Before defendant can be heard to complain of inadequacy of counsel he must show that the proceedings leading to his [plea of guilty] amount to a sham, a farce, or a mockery.” State v. Wright, 84 N.M. 3, 5, 498 P.2d 695, 697 (Ct.App.1972). “The failure of an attorney to advise a defendant of all possible defenses is no basis for a claim of incompetency of counsel.” Burton v. State, 82 N.M. 328,…