State v. Maimona

OPINION

HENDLEY, Judge.

This is an appeal from an order denying, without hearing, defendant’s motion pursuant to Rule 93 [§ 21-1-1(93), N.M.S.A. 1953 (Supp.1967)], in which defendant sought to vacate judgment and sentence entered subsequent to his guilty plea to the crime of robbery.

On December 20, 1966, defendant appeared in person and without counsel before a justice of the peace. Advised of his rights in court, defendant entered a plea of not guilty and requested counsel. Ten days later, no counsel having been appointed, defendant waived counsel and preliminary hearing, and entered a plea of…