State v. Garlick

OPINION

MOISE, Justice.

From a refusal of the district court to set aside a sentence of confinement to the penitentiary, this appeal is prosecuted.

At the outset, we note a question of jurisdiction in this court, which is determinative. See Rice v. Gonzales, 79 N.M. 377, 444 P.2d 288 (1968). We briefly state the facts.

Appellant’s motion to vacate the judgment and sentence under Rule-93 (§ 21-1-1 (93), N.M.S.A.1953) was filed June 30, 1966. A supplemental motion was filed on December 20, 1966. On January 5, 1968, after making findings of fact and conclusions of law, an order was entered denying…