State v. Salazar

OPINION

WOOD, Judge.

Defendant was convicted of assault with intent to commit a violent felony (rape). Section 40A-3-3, N.M.S.A.1953 (Repl.Vol. 6). His appeal raises five issues: (1) lack of a preliminary hearing; (2) cross-examination of grand jury witnesses; (3) transcript of grand jury proceedings; (4) inadequate representation by counsel; and (5) the trial court’s refusal to appoint substitute counsel.

Lack of preliminary hearing.

Defendant moved for a preliminary hearing prior to his trial. He claims the trial court erred in denying his motion because N.M.Const., Art. II, § 14 gives him the…