State v. Lewis

OPINION

DONNELLY, Chief Judge.

Defendant appeals his conviction, under a plea and disposition agreement, of two counts of distribution of a controlled substance, (amphetamines), in violation of NMSA 1978, Section 30-31-22(A)(2) (Repl. Pamp.1980). 1 Three issues are raised on appeal: (1) whether defendant’s right to due process was denied due to preindictment delay; (2) whether the state engaged in governmental misconduct denying defendant his right to effective assistance of counsel and the right to present a defense; and (3) whether defense counsel’s waiver of defendant’s presence at a hearing…