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STATE v. LOPEZ

No. 8406.

441 P.2d 764 (1968)

79 N.M. 235

STATE of New Mexico, Plaintiff-Appellee, v. Johnny LOPEZ, Defendant-Appellant.

Supreme Court of New Mexico.

June 10, 1968.

Attorney(s) appearing for the Case

Peter M. McDevitt, Gallup, for appellant.

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

OPINION

MOISE, Justice.

Petitioner appeals from an order denying him relief as sought in a petition filed pursuant to Rule 93 (§ 21-1-1(93), N.M.S.A. 1953).

The record discloses that the sentence now being attacked was entered October 29, 1965, and was for not less than one year nor more than five years, imposed on a plea of guilty to a charge of escaping from jail, contrary to § 40A-22-8, N.M...

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