Supreme Court of New Mexico
Decision Information
Home Fire & Marine Ins. Co. v. Schultz - cited by 14 documents
Smith v. State - cited by 160 documents
State v. Simien - cited by 91 documents
Decision Content
STATE V. BYRD, 1969-NMSC-112, 80 N.M. 517, 458 P.2d 592 (S. Ct. 1969)
STATE OF NEW MEXICO, Plaintiff-Appellee,
vs.
ROBERT BYRD, Defendant-Appellant
No. 8773
SUPREME COURT OF NEW MEXICO
1969-NMSC-112, 80 N.M. 517, 458 P.2d 592
September 08, 1969
APPEAL FROM THE DISTRICT COURT OF CHAVES COUNTY, REESE, JR., Judge
COUNSEL
JAMES A. MALONEY, Attorney General, OLIVER H. MILES, Assistant Attorney General, Santa Fe, New Mexico, Attorneys for Appellee.
ROBERT E. SABIN, Roswell, New Mexico, Attorney for Appellant.
JUDGES
MOISE, Justice, wrote the opinion.
WE CONCUR:
M. E. Noble, C.J., Paul Tackett, J.
OPINION
MOISE, Justice.
{1} 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).
{2} 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).
{3} The judgment should be affirmed. IT IS SO ORDERED.
WE CONCUR:
M. E. Noble, C.J., Paul Tackett, J.