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STATE v. SEDILLO

No. 146.

442 P.2d 212 (1968)

79 N.M. 254

STATE of New Mexico, Plaintiff-Appellee, v. Jose Romero SEDILLO, Defendant-Appellant.

Court of Appeals of New Mexico.

May 24, 1968.

Attorney(s) appearing for the Case

Langford Keith, Jr., Roswell, for appellant.

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

OPINION

OMAN, Judge.

Defendant was tried, convicted and sentenced to the New Mexico State Penitentiary for a term of two to ten years for the possession of marijuana. He is now before us on appeal from an order denying, without hearing, his motion under Rule 93 [§ 21-1-1(93), N.M.S.A. 1953 (Supp. 1967)].

His contentions as set forth in his motion are that his imprisonment and confinement are illegal because: (1) he was convicted and imprisoned...

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