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STATE v. HARDY

No. 8194.

431 P.2d 752 (1967)

78 N.M. 374

STATE of New Mexico, Plaintiff-Appellee, v. Robert HARDY, Defendant-Appellant.

Supreme Court of New Mexico.

September 11, 1967.

Attorney(s) appearing for the Case

Sutin & Jones, Jonathan B. Sutin, Albuquerque, for appellant.

Boston E. Witt, Atty. Gen., Gary O. O'Dowd, Asst. Atty. Gen., Santa Fe, for appellee.

OPINION

CHAVEZ, Chief Justice.

Defendant-appellant Robert Hardy, being charged by amended information with the crime of manslaughter, entered a plea of guilty and was subsequently sentenced under the Habitual Criminal Act (§§ 40A-29-5 and 40A-29-7, N.M.S.A., 1953 Comp.). After serving about four years, appellant filed a motion to set aside the habitual criminal sentence. The trial court denied the motion...

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