STATE V. BREWTON, 1971-NMCA-120, 83 N.M. 50, 487 P.2d 1355 (Ct. App. 1971)
STATE OF NEW MEXICO, Plaintiff-Appellee,
vs.
ALTON LEON BREWTON, Defendant-Appellant.
No. 694
COURT OF APPEALS OF NEW MEXICO
1971-NMCA-120, 83 N.M. 50, 487 P.2d 1355
July 30, 1971
Appeal from the District Court of Santa Fe County, Montoya, Judge
COUNSEL
ROY G. HILL, Santa Fe, New Mexico, Attorney for Appellant.
DAVID L. NORVELL, Attorney General, THOMAS PATRICK WHELAN, Jr., Asst. Attorney General, Santa Fe, New Mexico, Attorneys for Appellee.
JUDGES
SUTIN, Judge, wrote the opinion.
WE CONCUR:
Joe W. Wood, C.J., William R. Hendley, J.
OPINION
SUTIN, Judge.
{1} Brewton seeks post conviction relief. He pleaded guilty to a misdemeanor committed {*51} in the state penitentiary while serving a prior sentence. He seeks credit on his sentence for the 28 days which elapsed between the day he was served with a warrant for his arrest and the day when judgment and sentence was entered on his plea of guilty. Reliance is placed on § 40A-29-25, N.M.S.A. 1953 (Repl. Vol. 6, Supp. 1969). This section is not applicable because his confinement during this period was pursuant to his prior sentence.
{2} The trial court order which dismissed Brewton's motion for amended judgment and sentence is affirmed.
{3} IT IS SO ORDERED.
WE CONCUR:
Joe W. Wood, C.J., William R. Hendley, J.