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STATE v. BYRD

No. 8443.

439 P.2d 230 (1968)

79 N.M. 13

STATE of New Mexico, Plaintiff-Appellee, v. Robert BYRD, Defendant-Appellant.

Supreme Court of New Mexico.

April 1, 1968.

Attorney(s) appearing for the Case

Robert E. Sabin, Roswell, for appellant.

Boston E. Witt, Atty. Gen., Paul J. Lacy, Asst. Atty. Gen., Santa Fe, for appellee.

OPINION

OMAN, Judge, Court of Appeals.

This appeal is from an order denying without hearing a motion filed pursuant to Rule 93 [§ 21-1-1(93), N.M.S.A. 1953 (Supp. 1967)], whereby defendant sought vacation of the judgment and sentence entered upon his plea of guilty to the crime of larceny.

Defendant was charged on July 19, 1966 with two offenses. The first was that of robbery, which is punishable by imprisonment in the State Penitentiary for...

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