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STATE v. LARRANAGA

No. 8295.

424 P.2d 804 (1967)

77 N.M. 528

STATE of New Mexico, Plaintiff-Appellee, v. Francisco LARRANAGA, Defendant-Appellant.

Supreme Court of New Mexico.

March 6, 1967.

Attorney(s) appearing for the Case

E. T. Johnson, Santa Fe, for appellant.

Boston E. Witt, Atty. Gen., Donald W. Miller, Asst. Atty. Gen., Santa Fe, for appellee.

OPINION

SPIESS, Judge, Court of Appeals.

This is a proceeding under § 21-1-1(93) and § 41-15-8 N.M.S.A. 1953, to set aside a judgment and enhanced sentence imposed under the habitual criminal act, § 41-16-1, N.M.S.A., 1953, now repealed (present law § 40A-29-5, N.M.S.A. 1953).

This case, although originally filed in the Court of Appeals, was transferred to the Supreme Court, jurisdiction being in it. See State v. Weddle, N.M....

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