STATE v. REINHART

No. 8478.

439 P.2d 554 (1968)

79 N.M. 36

STATE of New Mexico, Plaintiff-Appellee, v. Leroy REINHART, Defendant-Appellant.

Supreme Court of New Mexico.

April 8, 1968.


Attorney(s) appearing for the Case

James Warden, Carlsbad, for appellant.

Boston E. Witt, Atty. Gen., Myles E. Flint, Asst. Atty. Gen., Santa Fe, for appellee.


OPINION

OMAN, Judge, Court of Appeals.

The issues presented on this appeal from an order denying defendant's motion under Rule 93 [§ 21-1-1(93), N.M.S.A. 1953 (Supp. 1967)] are: (1) whether or not defendant is entitled to credit on his sentence for the time served on probation, and (2) whether he can properly raise the question by motion under Rule 93, even though he be entitled to such credit.

These questions were presented in State v. Sublett...

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