STATE v. GARCIA

No. 8283.

434 P.2d 697 (1967)

78 N.M. 578

STATE of New Mexico, Plaintiff-Appellee, v. Paul GARCIA, Defendant-Appellant.

Supreme Court of New Mexico.

October 9, 1967.


Attorney(s) appearing for the Case

Hanna & Mercer, Albuquerque, for appellant.

Boston E. Witt, Atty. Gen., Edward R. Pearson, Tom Overstreet, Santa Fe, for appellee.


OPINION

CARMODY, Justice.

This is an appeal from the denial, without a hearing, of appellant's motion to vacate his sentence, filed under Rule 93 (§ 21-1-1 (93), N.M.S.A. 1953, 1967 Pocket Supp.).

Appellant, by informal petition, claimed that his original conviction in 1952, which was affirmed by us in State v. Garcia, 1953, 57 N.M. 665, 262 P.2d 233, was a denial of due process...

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