State v. Bonney

New Mexico Court of Appeals

State v. Bonney

1971 NMCA 041, 484 P.2d 350, 82 N.M. 508

CourtNew Mexico Court of Appeals

DecidedApril 16, 1971

Docket623

StatusPublished

Cited by8 cases

This text of 1971 NMCA 041 (State v. Bonney) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Bonney, 1971 NMCA 041, 484 P.2d 350, 82 N.M. 508 (N.M. Ct. App. 1971).

Pincite

Opinion

OPINION

WOOD, Judge.

Defendant pled guilty to an attempt to* commit aggravated battery. Subsequently, he moved for post-conviction relief. Section 21-1-1(93), N.M.S.A.1953 (Repl.VoL 4). After an evidentiary hearing, the motion was denied. • Defendant’s appeal asserts error in denying his motion because: (1) defendant’s actions did not constitute an attempt to commit aggravated battery and (2) the State failed to establish that defendant had the specific intent to commit aggravated battery.

Both claims would be reviewable issues on an appeal after a trial. But that is not the posture of this case. Here, defendant seeks a review of evidence sufficient to sustain a conviction when there has been no trial and attempts to do so in a post-conviction proceeding.

Defendant’s plea of guilty was a confession of guilt. State v. Daniels, 78 N.M. 768, 438 P.2d 512 (1968). The record in this case shows defendant acknowledged his guilt to the trial judge before his plea was accepted. The guilty plea waived trial. Since the plea waived trial, and there being no issue as to the voluntariness of that plea, defendant is bound by his plea. State v. Montoya, 81 N.M. 233, 465 P.2d 290 (Ct.App.1970). Thus, there simply is no question before us as to the sufficiency of the evidence.

Further, even if defendant had been found guilty after a trial, post-conviction proceedings are not a method for obtaining a retrial of his case. State v. Reid, 79 N.M. 213, 441 P.2d 742 (1968); State v. Williams, 78 N.M. 431, 432 P.2d 396 (1967). Thus, insufficiency of the evidence is not a basis for granting post-conviction relief. Herring v. State, 81 N.M. 21, 462 P.2d 468 (Ct.App.1969); State v. Gray, 80 N.M. 751, 461 P.2d 233 (Ct.App.1969); Nance v. State, 80 N.M. 123, 452 P.2d 192 (Ct.App.1969); State v. Gonzales, 79 N.M. 414, 444 P.2d 599 (Ct.App.1968).

The order denying relief is affirmed.

It is so ordered.

HENDLEY and SUTIN, JJ., concur.

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OPINION

WOOD, Judge.

Defendant pled guilty to an attempt to* commit aggravated battery. Subsequently, he moved for post-conviction relief. Section 21-1-1(93), N.M.S.A.1953 (Repl.VoL 4). After an evidentiary hearing, the motion was denied. • Defendant’s appeal asserts error in denying his motion because: (1) defendant’s actions did not constitute an attempt to commit aggravated battery and (2) the State failed to establish that defendant had the specific intent to commit aggravated battery.

Both claims would be reviewable issues on an appeal after a trial. But that is not the posture of this case. Here, defendant seeks a review of evidence sufficient to sustain a conviction when there has been no trial and attempts to do so in a post-conviction proceeding.

Defendant’s plea of guilty was a confession of guilt. State v. Daniels, 78 N.M. 768, 438 P.2d 512 (1968). The record in this case shows defendant acknowledged his guilt to the trial judge before his plea was accepted. The guilty plea waived trial. Since the plea waived trial, and there being no issue as to the voluntariness of that plea, defendant is bound by his plea. State v. Montoya, 81 N.M. 233, 465 P.2d 290 (Ct.App.1970). Thus, there simply is no question before us as to the sufficiency of the evidence.

Further, even if defendant had been found guilty after a trial, post-conviction proceedings are not a method for obtaining a retrial of his case. State v. Reid, 79 N.M. 213, 441 P.2d 742 (1968); State v. Williams, 78 N.M. 431, 432 P.2d 396 (1967). Thus, insufficiency of the evidence is not a basis for granting post-conviction relief. Herring v. State, 81 N.M. 21, 462 P.2d 468 (Ct.App.1969); State v. Gray, 80 N.M. 751, 461 P.2d 233 (Ct.App.1969); Nance v. State, 80 N.M. 123, 452 P.2d 192 (Ct.App.1969); State v. Gonzales, 79 N.M. 414, 444 P.2d 599 (Ct.App.1968).

The order denying relief is affirmed.

It is so ordered.

HENDLEY and SUTIN, JJ., concur.

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1971 NMCA 041, 484 P.2d 350, 82 N.M. 508, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bonney-nmctapp-1971.

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