[Download] "State v. Coates" by New Mexico Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: State v. Coates
- Author : New Mexico Supreme Court
- Release Date : January 11, 1967
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
In 1955, the appellant was charged with being an habitual criminal. The information charged the appellant with having committed one burglary in California, one robbery in Washington, one burglary in Washington, and one burglary in New Mexico. Following a plea of guilty the appellant was sentenced to confinement for the remainder of his natural life. In 1966, the appellant filed a motion to vacate the judgment and sentence on the ground that the court failed to advise the appellant of the possible defenses available, particularly that the convictions in California and Washington could be collaterally attacked. The appellant relies principally upon State v. Dalrymple, 75 N.M. 514, 407 P.2d 356. The situation in that case is not at all analogous to the one here. Here, the appellant contends that since the sentencing court did not advise him of the possible defenses that could be raised that he could not intelligently waive his rights to the aid of counsel. In denying the motion the district court concluded that the trial court was under no obligation to advise the defendant of possible defenses. With this we agree.