{ "id": 2746957, "name": "Walter C. GOODWIN, Petitioner-Appellant, v. STATE of New Mexico, Respondent-Appellee", "name_abbreviation": "Goodwin v. State", "decision_date": "1968-08-09", "docket_number": "No. 212", "first_page": "438", "last_page": "439", "citations": [ { "type": "official", "cite": "79 N.M. 438" }, { "type": "parallel", "cite": "444 P.2d 765" } ], "court": { "name_abbreviation": "N.M. Ct. App.", "id": 9025, "name": "Court of Appeals of New Mexico" }, "jurisdiction": { "id": 52, "name_long": "New Mexico", "name": "N.M." }, "cites_to": [ { "cite": "79 N. M. 133", "category": "reporters:state", "reporter": "N.M.", "case_ids": [ 2738040 ], "weight": 2, "opinion_index": 0, "case_paths": [ "/nm/79/0133-01" ] }, { "cite": "79 N.M. 197", "category": "reporters:state", "reporter": "N.M.", "case_ids": [ 2748797 ], "weight": 2, "opinion_index": 0, "case_paths": [ "/nm/79/0197-01" ] }, { "cite": "79 N.M. 142", "category": "reporters:state", "reporter": "N.M.", "case_ids": [ 2736241 ], "weight": 2, "year": 1968, "opinion_index": 0, "case_paths": [ "/nm/79/0142-01" ] }, { "cite": "79 N.M. 392", "category": "reporters:state", "reporter": "N.M.", "case_ids": [ 2738562 ], "weight": 2, "year": 1968, "opinion_index": 0, "case_paths": [ "/nm/79/0392-01" ] }, { "cite": "79 N.M. 203", "category": "reporters:state", "reporter": "N.M.", "case_ids": [ 2738099 ], "weight": 2, "opinion_index": 0, "case_paths": [ "/nm/79/0203-01" ] }, { "cite": "79 N.M. 341", "category": "reporters:state", "reporter": "N.M.", "case_ids": [ 2746163 ], "weight": 2, "opinion_index": 0, "case_paths": [ "/nm/79/0341-01" ] }, { "cite": "77 N.M. 644", "category": "reporters:state", "reporter": "N.M.", "case_ids": [ 2804788 ], "weight": 2, "year": 1967, "opinion_index": 0, "case_paths": [ "/nm/77/0644-01" ] }, { "cite": "78 N.M. 579", "category": "reporters:state", "reporter": "N.M.", "case_ids": [ 5327534 ], "weight": 3, "opinion_index": 0, "case_paths": [ "/nm/78/0579-01" ] }, { "cite": "78 N.M. 443", "category": "reporters:state", "reporter": "N.M.", "case_ids": [ 5322778 ], "weight": 2, "year": 1967, "opinion_index": 0, "case_paths": [ "/nm/78/0443-01" ] } ], "analysis": { "cardinality": 219, "char_count": 2709, "ocr_confidence": 0.668, "pagerank": { "raw": 9.779386173779556e-08, "percentile": 0.5320704025601493 }, "sha256": "433aba907b83349d160b8c62f95f3d2261959273d86b09ce8210641c074378b9", "simhash": "1:0324c1b73c81ceeb", "word_count": 465 }, "last_updated": "2023-07-14T18:21:18.946358+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "OMAN and ARMIJO, JJ., concur." ], "parties": [ "Walter C. GOODWIN, Petitioner-Appellant, v. STATE of New Mexico, Respondent-Appellee." ], "opinions": [ { "text": "OPINION\nWOOD, Judge.\nMoving for post-conviction relief under \u00a7 21-1-1(93) N.M.S.A.1953, Goodwin claimed that his guilty plea was involuntary. The motion was denied without a hearing. Goodwin appeals, asserting that he was entitled to a hearing on his motion. We disagree.\nIn asserting that his plea was involuntary, Goodwin claims that he relied on the advice of his counsel. The fact that he did rely on his counsel\u2019s advice does not establish that his plea was involuntary, State v. Archie, 78 N.M. 443, 432 P.2d 408 (1967), and does not set forth a basis for post-conviction relief. State v. Raines, 78 N.M. 579, 434 P.2d 698 (Ct.App.1967).\nHowever, Goodwin goes further; he points to the nature of the advice given to him by his counsel. He asserts that coungel \u201c * * * informed petitioner that if he plead [sic] guilty to the armed robbery charge, the state would not pursue the Habitual Criminal Act. * * * \u201d\nThere is no claim that the District Attorney promised not to invoke the Habitual Criminal Act as in State v. Robbins, 77 N.M. 644, 427 P.2d 10 (1967); no claim of threats to induce the guilty plea as in State v. Baumgardner, 79 N.M. 341, 443 P. 2d 511, decided June 28, 1968, and State v. Hansen, 79 N.M. 203, 441 P.2d 500 (Ct.App.1968). There is no claim of an understanding between counsel for the State and the defense as in State v. Miller, 79 N.M. 392, 444 P.2d 577, decided June 10, 1968. Compare State v. Reece, 79 N.M. 142, 441 P.2d 40 (1968) and State v. McCain, 79 N.M. 197, 441 P.2d 237 (Ct.App.1968).\nThere simply is no claim that anyone representing the State of New Mexico had anything to do with the statement allegedly made by Goodwin\u2019s counsel concerning the habitual criminal law. See State v. Raines, supra. As stated in State v. Knerr, 79 N. M. 133, 440 P.2d 808 (Ct.App.1968):\n\u201c * * * no claim is made, and the record fails to show anything which would indicate, that such belief was induced by anything promised or said to him by anyone representing the State of New Mexico. Under these circumstances lie cannot avoid the effect of his guilty plea. * * * \u201d\nAbsent any claim that anyone representing the State said or did anything to induce the guilty plea, the statement made to Goodwin by his own counsel does not provide a basis for post-conviction relief.\nThe order denying relief without a hearing is affirmed.\nIt is so ordered.\nOMAN and ARMIJO, JJ., concur.", "type": "majority", "author": "WOOD, Judge." } ], "attorneys": [ "Mark B. Thompson, III, William W. Bivins, Las Cruces, for appellant.", "Boston E. Witt, Atty. Gen., James V. Noble, Asst. Atty. Gen., Santa Fe, for appellee." ], "corrections": "", "head_matter": "444 P.2d 765\nWalter C. GOODWIN, Petitioner-Appellant, v. STATE of New Mexico, Respondent-Appellee.\nNo. 212.\nCourt of Appeals of New Mexico.\nAug. 9, 1968.\nMark B. Thompson, III, William W. Bivins, Las Cruces, for appellant.\nBoston E. Witt, Atty. Gen., James V. Noble, Asst. Atty. Gen., Santa Fe, for appellee." }, "file_name": "0438-01", "first_page_order": 470, "last_page_order": 471 }