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STATE v. BLANKENSHIP

No. 161.

441 P.2d 218 (1968)

79 N.M. 178

STATE of New Mexico, Plaintiff-Appellee, v. Jack Lee BLANKENSHIP, Defendant-Appellant.

Court of Appeals of New Mexico.

May 3, 1968.

Attorney(s) appearing for the Case

Tom Neal, Neal & Neal, Hobbs, for appellant.

Boston E. Witt, Atty. Gen., David R. Sierra, Asst. Atty. Gen., Santa Fe, for appellee.

OPINION

WOOD, Judge.

Defendant's claim for post-conviction relief under § 21-1-1(93), N.M.S.A. 1953 (Supp. 1967), is based upon (1) his extradition and (2) denial of medical treatment.

The trial court denied defendant's motion on the basis that it was a successive motion which it need not consider. This ruling was made prior to publication of State v. Canales, 78 N.M. 429, 432 P.2d 394

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