State v. McAfee

New Mexico Court of Appeals

State v. McAfee

460 P.2d 1023, 80 N.M. 739

CourtNew Mexico Court of Appeals

DecidedOctober 31, 1969

DocketNo. 357

StatusPublished

Cited by3 cases

This text of 460 P.2d 1023 (State v. McAfee) 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. McAfee, 460 P.2d 1023, 80 N.M. 739 (N.M. Ct. App. 1969).

Pincite

Opinion

OPINION

WOOD, Judge.

Defendant’s conviction and sentence was affirmed in State v. McAfee, 78 N.M. 108, 428 P.2d 647 (1967). Subsequently, he moved for post-conviction relief under § 21-1-1(93), N.M.S.A.1953 (Supp.1969). The trial court held that matters raised by this motion were decided adversely to defendant in the prior appeal. Defendant now appeals from the order denying his motion.

The'trial court correctly ruled that each of the claims made in the post-conviction motion were considered and decided in defendant’s prior appeal. Issues raised and decided on a prior appeal may not be relitigated in post-conviction proceedings. Defendant is not entitled to a successive determination on the merits of the same issues. Nance v. State, 80 N.M. 123, 452 P.2d 192 (Ct.App.1969).

The order denying post-conviction relief is affirmed.

It is so ordered.

SPIESS, C. J., and OMAN, J., concur.

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