State v. Wheeler

OPINION

WOOD, Judge.

Defendant pled guilty and was sentenced to not less than one nor more than five years in the penitentiary. He moved for postconviction relief. Section 21-1-1(93), N.M.S.A.1953 (Supp.1969). He claimed that he had been promised a sentence of approximately ninety days if he plead guilty. His motion was denied; he appeals.

Generally, a guilty plea induced by a promise is void. State v. Baumgardner, 79 N.M. 341, 443 P.2d 511 (Ct.App. 1968). Here, however, there is no claim of plea bargaining, as in State v. Ortiz, 77 N.M. 751, 427 P.2d 264 (1967). Defendant claims only that his…