Dalrymple v. State

OPINION

CARMODY, Justice.

Appellant seeks a reversal of the trial court’s order which dismissed his petition to set aside a judgment and sentence.

Although termed a petition for writ of coram nobis, the trial court considered it, and so do we, as a petition for post-conviction relief under Rule 93 (§ 21-1-1 (93), N.M.S.A.1953).

On November 27, 1964, appellant pleaded guilty to one count of robbery, but was not at that time sentenced because an information was immediately filed charging him with being an habitual offender. On January 12, 1965, following a jury verdict with respect to the habitual…