Nieto v. State

OPINION

WOOD, Judge.

Defendant (petitioner, Nieto) moved for post-conviction relief under § 21-1-1(93) N.M.S.A.1953 (Supp.1967). This motion is based on the fact that a police informer “ * * * testified as to how the crime supposedly happened * * The motion was denied without a hearing. Defendant appeals, claiming it was error “ * * * to summarily deny him relief * * *_«

Defendant was convicted of a narcotics offense; his conviction was affirmed in State v. Nieto, 78 N.M. 155, 429 P.2d 353 (1967).

At the trial, Castaneda, an admitted police informer, testified that he purchased the narcotic from…