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STATE v. DALRYMPLE

No. 232.

448 P.2d 182 (1968)

79 N.M. 670

STATE of New Mexico, Plaintiff-Appellee, v. Floyd E. DALRYMPLE, Defendant-Appellant.

Court of Appeals of New Mexico.

November 22, 1968.

Attorney(s) appearing for the Case

James M.H. Cullender, Roswell, for defendant-appellant.

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

OPINION

OMAN, Judge.

Defendant seeks reversal of an order denying, without a hearing, his motion under Rule 93 [§ 21-1-1(93), N.M.S.A. 1953 (Supp. 1967)].

The sole question involved is his right to be credited with the period of his pre-sentence confinement against the penitentiary term he is now serving. He was resentenced on December 13, 1965, and the term of his sentence commenced as of January 12, 1965. He is not questioning the correctness...

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