STATE v. OLGUIN

No. 8386.

437 P.2d 122 (1968)

78 N.M. 661

STATE of New Mexico, Plaintiff-Appellee, v. John Andrew OLGUIN, Defendant-Appellant.

Supreme Court of New Mexico.

February 5, 1968.


Attorney(s) appearing for the Case

Gary D. Reagan, Albuquerque, for defendant-appellant.

Boston E. Witt, Atty. Gen., James V. Noble, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

CHAVEZ, Chief Justice.

Defendant-appellant John Andrew Olguin, having been found guilty of armed robbery by a jury on April 24, 1961, was duly sentenced to the New Mexico State Penitentiary. On April 12, 1966, appellant filed a motion under Rule 93 (§ 21-1-1(93), N.M.S.A., 1953 Comp., 1967 Pocket Supp.), to vacate the judgment and sentence. The motion was denied and this appeal resulted.

On March 20, 1961, appellant appeared before the...

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