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STATE v. THOMAS

No. 184.

443 P.2d 516 (1968)

79 N.M. 346

STATE of New Mexico, Plaintiff-Appellee, v. Walter A. THOMAS, Defendant-Appellant.

Court of Appeals of New Mexico.

June 14, 1968.

Attorney(s) appearing for the Case

Bob F. Turner, Atwood & Malone, Roswell, for defendant-appellant.

Boston E. Witt, Atty. Gen., Gary O'Dowd, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

ARMIJO, Judge.

Walter A. Thomas pleaded guilty to an information charging him with commission of an offense in violation of the provisions of § 40A-9-9, N.M.S.A. 1953 and on September 27, 1965, was sentenced to the State Penitentiary for a period of not less than one year nor more than five years.

Appellant filed a motion under Rule 93 [§ 21-1-1 (93), N.M.S.A. 1953 (Supp. 1967)]: whereby he seeks credit for time spent in presentence...

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