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84 N.M. 500

State v. Jones

New Mexico Court of Appeals

Decided December 22, 1972

New Mexico Court of Appeals · decided 1972-12-22

Cited by 2 later decisions — most recently March 1977

2 state decisions

Key passage — most relied on by later courts

“even though the errors relate to constitutional rights.”

quoted by 1 later decision, including Valles v. State

Relies on State v. Garcia · State v. Jones · Hernandez v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1972-12-22

View the full empirical analysis of this case →

¶1OPINION

SUTIN, Judge.

¶2Jones was convicted of robbery on July 6, 1971. Section 40A-16-2, N.M.S.A. 1953 (2nd Repl. Vol. 6). He was to serve a term of not less than two years nor more than ten years. On March 24, 1972, Jones filed a motion for relief under Rule 93 [§ 21-1-1(93), N.M.S.A. 1953 (Repl. Vol. 4)]. The trial court denied the motion without hearing because the petition set forth certain grounds for relief being the same grounds raised and disposed of on direct appeal of the conviction. State v. Jones, 83 N.M. 600, 495 P.2d 380 (Ct.App.1972).

¶3 The only point raised which was not disposed of on direct appeal was the denial of defendant’s motion for lineup. Absence of a lineup is not a basis for post conviction relief. Hernandez v. State, 81 N.M. 634, 471 P.2d 204 (Ct.App.1970).

¶4 Post conviction proceedings are not a substitute for an appeal as a means of correcting errors occurring during the course of trial, even though the errors relate to constitutional rights. State v. Garcia, 80 N.M. 21, 450 P.2d 621 (1969). Neither is Jones entitled to a successive determination on the merits of issues previously adjudicated. State v. Ortega, 81 N.M. 337, 466 P.2d 903 (Ct.App.1970).

¶5Thé order of the trial court is affirmed.

¶6It is so ordered.

WOOD, C. J., and HENDLEY, J., concur.
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