STATE v. SEDILLO

No. 8492.

439 P.2d 226 (1968)

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

Supreme Court of New Mexico.

April 1, 1968.


Attorney(s) appearing for the Case

Robert G. McCorkle, E. Richard Tanner, Jonathan B. Sutin, Albuquerque, for appellant.

Boston E. Witt, Atty. Gen., Robert L. Woodward, David R. Sierra, Asst. Attys. Gen., Santa Fe, for appellee.


OPINION

COMPTON, Justice.

The appellant, a juvenile, was convicted of the crime of rape and sentenced to serve a term in the state penitentiary of not less than one year nor more than ninety-nine years. Subsequently, he was discharged on a writ of habeas corpus because his parents had not been cited into court at his hearing, the court holding that the sentence was void for failure to obtain jurisdiction of the juvenile. He was taken into custody and, at...

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