New Mexico Forms Library

Decision Information

Form 9-703. Petition for post-sentence relief.

Collection	New Mexico Forms Library
Form Type	Criminal Forms

Citations - New Mexico Laws and Court Rules
Rule Set 5 - Rules of Criminal Procedure for the District Courts - cited by 2,154 documents
Rule Set 9 - Criminal Forms - cited by 383 documents

Decision Content

9-703. Petition for post-sentence relief.

[For use with District Court Criminal Rule 5-803 NMRA]

STATE OF NEW MEXICO

COUNTY OF _______________

IN THE DISTRICT COURT

For Official Use Only

No. ______________

(To be supplied by the

clerk of the court)

_______________________________,

(Your full name)

Petitioner,

STATE OF NEW MEXICO,

Respondent.

Instructions — Read Carefully

Make sure that all information provided in this form is true and correct. Make sure that all necessary documents are attached, or explain why the documents are not being included. If you are seeking free process, complete Form 9-403 NMRA.

Finally, you must complete the certificate of service and mail or otherwise serve copies of this petition on the respondent and the district attorney in the county in which the petition is filed. You must file the original petition and one copy with the Clerk of the District Court. You should keep a copy for your own records.

PETITION FOR POST-SENTENCE RELIEF¹

1. __________________ (name of petitioner) completed a sentence of _________________________ (incarceration, probation, parole) on _______________ (date sentence was completed).

2. This petition

[ ] seeks to vacate, set aside or correct an illegal sentence or order of confinement (i.e., ineffective assistance of counsel, illegal search and seizure, involuntary confession, or other matters relating to the trial or sentence the petitioner received).

[ ] (other) _______________________________________________.

3. State concisely the facts upon which the petitioner bases the claim:

______________________________________________________________________

4. State concisely the grounds and law, or other legal authorities on which the petitioner bases the claim:

______________________________________________________________________

5. Have the grounds being raised in this petition been raised previously in your direct appeal? If so, explain the result. If not, explain why not:

______________________________________________________________________

6. Have the grounds raised in this petition been raised previously in a petition for a writ of habeas corpus? If so, explain the result. If not explain why not:

______________________________________________________________________

7. Briefly describe the relief requested:

______________________________________________________________________

8. State the nature of the court proceeding resulting in the sentence (i.e., criminal prosecution, civil commitment, etc.), including:

(a) case name:

(b) docket number:

(d) name and location of the court in which the proceeding was held:

______________________________________________________________________

9. State the date of the final judgment or order for your sentence:

______________________________________________________________________

10. Attach a copy of the judgment, order or decree. If not, describe your sentence.

______________________________________________________________________

11. Was the conviction the result of:

__________ Guilty plea

__________ No Contest plea (nolo contendere)

__________ Finding of guilty by judge or jury

12. Was the petitioner represented by an attorney during the proceedings resulting in the sentence?

__________ Yes

__________ No

13. If you answered “yes” to (12), list the name and address of each attorney who represented the petitioner:

______________________________________________________________________

14. Did you appeal your conviction?

__________ Yes (Go to 15)

__________ No (Go to 16)

15. If you answered “yes” to (14), list:

(a) The name of each court to which an appeal was taken:

______________________________________________________________________

(b) The case name and docket number for each appeal:

______________________________________________________________________

(d) A summary of the grounds upon which each appeal was based:

______________________________________________________________________

(e) The result of each appeal:

______________________________________________________________________

(f) The name and address of the attorney on appeal:

______________________________________________________________________

16. If you answered “no” to (14), state the reasons for not appealing:

______________________________________________________________________

17. Apart from any appeals listed in (15), have any other post conviction applications, petitions or motions, been filed with regard to this sentence?

__________ Yes (Go to 18)

__________ No (Go to 19)

18. If you answered “yes” to (15), list with respect to each such petition or motion:

(a) The type of proceeding:

______________________________________________________________________

(b) The name and date of each case:

______________________________________________________________________

(d) the court, the administrative agency, or institutional grievance committee from which relief was sought:

______________________________________________________________________

(e) the result of each proceeding (attach a copy of each decision):

______________________________________________________________________

(f) The issues raised in each proceeding:

______________________________________________________________________

(g) State whether a hearing was held in connection with each of these proceedings:

______________________________________________________________________

(h) State whether the petitioner was represented by an attorney in each proceeding and, if so, the attorney's name and address:

______________________________________________________________________

19. Do you seek the appointment of counsel to represent you?²

__________ Yes

__________ No

VERIFICATION

STATE OF NEW MEXICO

COUNTY OF __________________

I, the undersigned, being first duly sworn upon my oath, state that I am the petitioner in this action. I have read the foregoing petition and know and understand its contents, and the information contained herein is true and correct to the best of my knowledge, information and belief. On ________________, _______ (date), I deposited this petition in the mail, properly addressed with any necessary postage prepaid, for forwarding to the district court at the following address:

________________________________ Court (name of court)

_________________________ (city), New Mexico, _________ (zip code).

________________________________

(Signature)

________________________________

(Address)

SUBSCRIBED AND SWORN TO before me this ________ day of ________________________, ________, by

________________________________________

(Name of petitioner)

________________________________________

Notary Public

________________________________________

My Commission Expires:

CERTIFICATE OF SERVICE

I hereby certify that true copies of the foregoing petition were served upon the district attorney in the county in which the petition is filed by ___________________________________ (describe manner of service), this ______ day of ______________, ________.

________________________________

(Signature of petitioner)

USE NOTES

1. This form should only be used by individuals who have completed their sentence. Individuals still in custody, on probation, or on parole should use Form 9-701 NMRA.

2. The Public Defender Department cannot be appointed to represent a petitioner in a Rule 5-803 proceeding. However, the district court retains the inherent authority to appoint counsel from among the private bar or pro bono legal service providers who have licensed counsel on staff. See Committee Commentary, Rule 5-803 NMRA.

[Adopted by Supreme Court Order No. 14-8300-014, effective for all cases filed on or after December 31, 2014.]

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