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STATE v. SUBLETT

No. 104.

436 P.2d 515 (1968)

78 N.M. 655

STATE of New Mexico, Plaintiff-Appellee, v. Charles Eldred SUBLETT, Defendant-Appellant.

Court of Appeals of New Mexico.

January 5, 1968.

Attorney(s) appearing for the Case

Leon Karelitz, Las Vegas, for appellant.

Boston E. Witt, Atty. Gen., Donald W. Miller, Asst. Atty. Gen., Santa Fe, for appellee.

OPINION

WOOD, Judge.

Three issues are dispositive. (1) Upon revocation of a suspended sentence, is probation time to be credited against the sentence? (2) Was defendant on probation while under a suspended sentence? (3) Is credit for probation time an issue cognizable in a proceeding for post-conviction relief under § 21-1-1(93), N.M.S.A. 1953 (Supp. 1967)?

Defendant was sentenced to the Penitentiary for a term of not less than one nor more...

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