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STATE v. LUCERO

No. 84.

436 P.2d 519 (1968)

78 N.M. 659

STATE of New Mexico, Plaintiff-Appellee, v. David LUCERO, Defendant-Appellant.

Court of Appeals of New Mexico.

January 5, 1968.

Attorney(s) appearing for the Case

Samuel A. Francis, Albuquerque, for appellant.

Boston E. Witt, Atty. Gen., James V. Noble, Asst. Atty. Gen., Santa Fe, for appellee.

OPINION

WOOD, Judge.

Defendant contends his conviction should be set aside because he was incompetent to stand trial. This contention cannot be decided in this appeal.

The record does not show that the question of defendant's competency was ruled on by the trial court. Generally, to be an issue on appeal, the question must have been decided by the trial court. State v. Lott, 73 N.M. 280, 387 P.2d 855...

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