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STATE v. ORTIZ

No. 8277.

427 P.2d 264 (1967)

77 N.M. 751

STATE of New Mexico, Plaintiff-Appellee, v. Julian ORTIZ, Defendant-Appellant.

Supreme Court of New Mexico.

May 8, 1967.

Attorney(s) appearing for the Case

Edward T. Johnson, Santa Fe, for appellant.

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

OPINION

SPIESS, Judge, Court of Appeals.

This appeal presents for review an order denying a motion filed under § 21-1-1 (93), N.M.S.A. 1953, to vacate and set aside the judgment and sentence imposed by the court below upon the defendant-appellant Julian Ortiz. The information contained two counts. The first charged defendant under § 40A-16-3, N.M.S.A., 1953, with unauthorized entry of a building with intent to commit theft. The second count charged...

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