{
  "id": 5334922,
  "name": "STATE of New Mexico, Plaintiff-Appellee, v. James William HINTON, Defendant-Appellant",
  "name_abbreviation": "State v. Hinton",
  "decision_date": "1970-09-25",
  "docket_number": "No. 488",
  "first_page": "76",
  "last_page": "77",
  "citations": [
    {
      "type": "official",
      "cite": "82 N.M. 76"
    },
    {
      "type": "parallel",
      "cite": "475 P.2d 470"
    }
  ],
  "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": [],
  "analysis": {
    "cardinality": 187,
    "char_count": 2258,
    "ocr_confidence": 0.691,
    "sha256": "46384119c8afabed9b63075879d84cf26b32459d35adc496e71639d784889612",
    "simhash": "1:3011b1ebb574ab4a",
    "word_count": 368
  },
  "last_updated": "2023-07-14T17:16:32.756560+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "OMAN and WOOD, JJ., concur."
    ],
    "parties": [
      "STATE of New Mexico, Plaintiff-Appellee, v. James William HINTON, Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "OPINION\nSPIESS, Chief Judge.\nThis is an appeal from a judgment denying relief pursuant to Rule 93, \u00a7 21-1-1 (93), N.M.S.A.1953 (Supp.1969). The defendant, appellant, entered a plea of guilty on the 9th day of May, 1960, to an information charging rape. He was sentenced to serve a term in the Penitentiary of New Mexico of not less than one year, nor more than ninety-nine years.\nDefendant bases his right to post-conviction relief upon the allegation that his plea of guilty was induced by a promise made by the District Attorney that \u201c * * * if he stood trial, he would get 99 years, but if he made a statement and waivered (sic) counsel, and plead guilty he would only get one to five years.\u201d\nAfter hearing evidence presented by defendant and the person who was the District Attorney at the time defendant\u2019s plea was entered and accepted, the Court made the following findings of fact:\n\u201cThe defendant\u2019s waiver of his right of counsel and of his right to a preliminary hearing was knowingly, intelligently, and voluntarily made with full knowledge of his constitutional rights and guarantees.\u201d\n\u201cThe defendant\u2019s plea of guilty before Judge Vearle Payne on May 9, 1960, in the District Court of Grant County, New Mexico, was knowingly, intelligently and voluntarily made and entered with full knowledge of his right to have all of the constitutional guarantees and safeguards that were available to him and the District Attorney did not by any conduct nor statements do or say anything that would lead the defendant to believe he would receive a lighter sentence if he pleaded guilty.\u201d\nThe judgment dismissing the proceedings was thereupon entered, from which this appeal was prosecuted.\nTo detail the testimony which was presented would serve no worthwhile purpose. The record contains ample evidence to sustain the findings of the trial judge and support the judgment.\nThe judgment should be.affirmed.\nIt is so ordered\nOMAN and WOOD, JJ., concur.",
        "type": "majority",
        "author": "SPIESS, Chief Judge."
      }
    ],
    "attorneys": [
      "Asa Kelly, Jr., Silver City, for defendant-appellant.",
      "James A. Maloney, Atty. Gen., John A. Darden, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee."
    ],
    "corrections": "",
    "head_matter": "475 P.2d 470\nSTATE of New Mexico, Plaintiff-Appellee, v. James William HINTON, Defendant-Appellant.\nNo. 488.\nCourt of Appeals of New Mexico.\nSept. 25, 1970.\nAsa Kelly, Jr., Silver City, for defendant-appellant.\nJames A. Maloney, Atty. Gen., John A. Darden, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee."
  },
  "file_name": "0076-01",
  "first_page_order": 132,
  "last_page_order": 133
}