New Mexico Court of Appeals June 14, 1968, No. 184 (State v. Thomas)

OPINION

ARMIJO, Judge.

Walter A. Thomas pleaded guilty to an information charging him with commission ■of an offense in violation of the provisions •of § 40A-9-9, N.M.S.A. 1953 and on September 27, 1965, was sentenced to the State Penitentiary for a period of not less than •one year nor more than five years.

Appellant filed a motion under Rule 93 I§ 21-1-1 (93), N.M.S.A. 1953 (Supp.