Ex Parte Lott v. State

OPINION

COMPTON, Justice.

This appeal is from an order entered pursuant to § 21-1-1(93), N.M.S.A.1953, denying petitioner’s motion to vacate a sentence previously imposed in cause No. 4663, Curry County, under the' habitual criminal statute on the grounds that he had previously entered pleas of guilty to three felony charges in causes numbered 3069, 4330 and 4494, Curry County, without the benefit of counsel and that he was not advised of his right to counsel either in the justice of the peace court or in the district court.

At the hearing on the motion to vacate, the court found “that no new…