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STATE v. BALDONADO

No. 110.

441 P.2d 215 (1968)

79 N.M. 175

STATE of New Mexico, Plaintiff-Appellee, v. Ernest BALDONADO, Defendant-Appellant.

Court of Appeals of New Mexico.

May 3, 1968.

Attorney(s) appearing for the Case

John H. Schuelke, Gallup, for appellant.

Boston E. Witt, Atty. Gen., Roy G. Hill, Asst. Atty. Gen., Santa Fe, for appellee.

OPINION

ARMIJO, Judge.

Appellant seeks post-conviction relief by his motion filed under § 21-1-1(93), N.M.S.A. 1953, which motion was ruled on without a hearing as being a second and successive motion for similar relief. This appeal follows from entry of order denying the motion.

The issue raised by this motion involves the alleged violation of appellant's constitutional rights as afforded under that portion

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