Legal Opinion
State v. Montoya
New Mexico Court of Appeals
Decided January 30, 1970No. 438PublishedCited by 11 opinions
1Opinion of the Court
OPINION
WOOD, Judge.
Montoya’s motion for post-conviction relief under § 21-1-1(93), N.M.S.A.1953 (Supp.1969) was denied without a hearing. He appeals.
The claims, and our answers:(a) He was incompetent to stand trial because he was only twenty-two years old, lacked education and “in a general manner” did not understand the proceedings in the trial court. If he did not understand the proceedings he could have asked his court appointed counsel. This claim does not provide a basis for post-conviction relief. State v. Williams, 78 N.M. 431, 432 P.2d 396 (1967); compare State v. Lujan, 79 N.M. 200,…
2Cases cited10 opinions
- State v. WilliamsNew Mexico Supreme Court · 1967
- State v. KnerrNew Mexico Court of Appeals · 1968
- State v. GortonNew Mexico Court of Appeals · 1969
- State v. RainesNew Mexico Court of Appeals · 1967
- State v. RamirezNew Mexico Court of Appeals · 1970
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Baird v. StateNew Mexico Supreme Court · 1977
- State v. TranNew Mexico Court of Appeals · 2008
- State v. BonneyNew Mexico Court of Appeals · 1971
- State v. BrillNew Mexico Court of Appeals · 1970
- State v. BairdNew Mexico Court of Appeals · 1977
6 more not listed; retrieve them via the Exa API.