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STATE v. MARES

No. 137.

442 P.2d 817 (1968)

79 N.M. 327

STATE of New Mexico, Plaintiff-Appellee, v. Manuel Jimmy MARES, Defendant-Appellant.

Court of Appeals of New Mexico.

June 14, 1968.

Attorney(s) appearing for the Case

George M. Murphy, Rowley, Hammond, Murphy & Rowley, Clovis, for defendant-appellant.

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

OPINION

OMAN, Judge.

This is an appeal from an order denying defendant's motion under Rule 93 [§ 21-1-1(93), N.M.S.A. 1953 (Supp. 1967)]. He was granted a hearing on his motion and was returned from the State Penitentiary to Clovis, New Mexico, for the hearing. He produced witnesses, but elected not to testify personally in support of his motion.

All the factual issues were resolved against him, and the court's findings of fact are not in question...

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