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80 N.M. 517

State v. Byrd

New Mexico Supreme Court

Decided September 8, 1969

New Mexico Supreme Court · decided 1969-09-08

Relies on State v. Simien · Smith v. State · Smith v. State

Decided 1969-09-08

¶1OPINION

MOISE, Justice.

¶2Defendant-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).

¶3The 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).

¶4The judgment should be affirmed. It is so ordered.

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