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STATE v. LUJAN

No. 186.

445 P.2d 749 (1968)

79 N.M. 525

STATE of New Mexico, Plaintiff-Appellee, v. Ernest LUJAN, Defendant-Appellant.

Court of Appeals of New Mexico.

September 20, 1968.

Attorney(s) appearing for the Case

Robert A. Johnson, Atwood & Malone, Roswell, for appellant.

Boston E. Witt, Atty. Gen., Spencer T. King, Asst. Atty. Gen., Santa Fe, for appellee.

OPINION

WOOD, Judge.

Defendant's motion for post-conviction relief under § 21-1-1(93), N.M.S.A. 1953 was denied without a hearing; he appeals. He was convicted of a narcotics offense in 1960. His conviction in 1965 and sentence as a second narcotics offender was affirmed in State v. Lujan, 76 N.M. 111, 412 P.2d 405 (1966). Post-conviction relief was denied in State v. Lujan,

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