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,
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