State v. Ramirez

Decision Date16 January 1970
Docket NumberNo. 406,406
Citation81 N.M. 150,464 P.2d 569,1970 NMCA 10
PartiesSTATE of New Mexico, Plaintiff-Appellee, v. Adolpho J. RAMIREZ, Defendant-Appellant.
CourtCourt of Appeals of New Mexico
OPINION

WOOD, Judge.

Defendant's third appeal is from a denial of post-conviction relief. Section 21--1--1(93), N.M.S.A.1953 (Supp.1969). His direct appeal is reported at 76 N.M. 72, 412 P.2d 246 (1966). A prior appeal from a denial of post-conviction relief is reported at 78 N.M. 418, 432 P.2d 262 (1967).

In his motion, defendant claims he was inadequately represented by court appointed counsel. He claims he was inadequately represented on his direct appeal because counsel wrote to him: "I will represent you on appeal for the reason that the court will appoint me to represent you on appeal and for no other reason." Defendant asserts this shows that counsel was prejudiced against him and defended him reluctantly.

Defendant also claims he was inadequately represented at his trial. This claim has two parts. First, he asserts that counsel failed to call as a witness one who had witnessed the crime and '* * * who failed to identify the Petitioner as the one who committed the armed robbery.' Second, defendant contends counsel failed to consult with him and failed to advise him of counsel's decision not to call this witness.

None of defendant's claims provide a basis for post-conviction relief because:

1. None of the attacks on court appointed counsel amount to a claim that the proceedings leading to his conviction, and to affirmance on direct appeal, were a sham, farce or mockery. State v. Tapia, 80 N.M. 477, 457 P.2d 996 (Ct.App.1969); State v. Dominguez, 80 N.M. 328, 455 P.2d 194 (Ct.App.1969).

2. Petitioner's motion asserts his attorney wrote to him: "I did not call Mrs. Ray to the stand because I did not want to emphasis (sic) that her two little children were present during the robbery. * * *" According to petitioner this letter also indicates the witness 'was not very cognizant' of what happened during the robbery. Counsel's decision not to call a witness and his alleged failure to advise defendant of that decision pertain to trial tactics and strategy and the conduct of the trial. State v. Selgado, 78 N.M. 165, 429 P.2d 363 (1967), states:

'The petitioner is not entitled...

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15 cases
  • State v. Trejo
    • United States
    • Court of Appeals of New Mexico
    • February 4, 1972
    ...improvident (which we do not hold), they would not amount to a denial of effective assistance of counsel. State v. Ramirez, 81 N.M. 150, 464 P.2d 569 (Ct.App.1970). A conviction is not to be reversed on a claim of ineffective assistance of counsel unless the proceedings leading to his convi......
  • State v. Lee
    • United States
    • Court of Appeals of New Mexico
    • March 24, 1972
    ...no basis for post-conviction relief. State v. Trejo (Ct.App.), 83 N.M. 511, 494 P.2d 173, decided February 4, 1972; State v. Ramirez, 81 N.M. 150, 464 P.2d 569 (Ct.App. 1970). 5. It is contended that the trial court erred in not conducting an evidentiary hearing on the motion for post-convi......
  • Miller v. State
    • United States
    • Court of Appeals of New Mexico
    • September 25, 1970
    ...were a sham, a farce or a mockery of justice. Therefore, a claim of incompetency of counsel is not sustainable. State v. Ramirez, 81 N.M. 150, 464 P.2d 569 (Ct.App.1970); State v. Chacon, 80 N.M. 799, 461 P.2d 932 (Ct.App.1969); State v. Baca, 80 N.M. 488, 458 P.2d 92 In his second point re......
  • Barela v. State
    • United States
    • Court of Appeals of New Mexico
    • March 27, 1970
    ...therein cited. (c) Counsel did not adequately cross-examine witnesses for the State. This provides no basis for relief. State v. Ramirez, 464 P.2d 569 (Ct.App.), decided January 16, 1970 and cases therein (d) Counsel advised Barela to take the witness stand at his trial. This is asserted to......
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