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State v. Byrd

Supreme Court of New Mexico
Sep 8, 1969
80 N.M. 517 (N.M. 1969)

Opinion

No. 8773.

September 8, 1969.

Appeal from the District Court, Chaves County, George L. Reese, Jr., D. J.

Robert E. Sabin, Roswell, for appellant.

James A. Maloney, Atty. Gen., Oliver H. Miles, Asst. Atty. Gen., Santa Fe, for appellee.


OPINION


Defendant-Appellant seeks review herein of the denial by the trial court of his petition filed pursuant to Rule 93 (§ 21-1-1 (93), N.M.S.A. 1953).

The only question presented for our consideration is whether the evidence is substantial to support the court's finding that defendant's guilty plea was entered knowingly and voluntarily. We have examined the record and conclude that the findings are supported by the evidence. Under our decisions, findings so supported are conclusive on appeal. Smith v. State, 79 N.M. 450, 444 P.2d 961 (1968); State v. Simien, 78 N.M. 709, 437 P.2d 708 (1968).

The judgment should be affirmed. It is so ordered.

NOBLE, C. J., and TACKETT, J., concur.


Summaries of

State v. Byrd

Supreme Court of New Mexico
Sep 8, 1969
80 N.M. 517 (N.M. 1969)
Case details for

State v. Byrd

Case Details

Full title:STATE of New Mexico, Plaintiff-Appellee, v. Robert BYXD…

Court:Supreme Court of New Mexico

Date published: Sep 8, 1969

Citations

80 N.M. 517 (N.M. 1969)
458 P.2d 592

Citing Cases

State v. Wheeler

Being supported by substantial evidence, the finding is conclusive on appeal. State v. Byrd, 80 N.M. 517, 458…