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TORRES v. STATE

No. 8807.

458 P.2d 586 (1969)

80 N.M. 511

Edward Rivera TORRES, Plaintiff-Appellant, v. STATE of New Mexico, Defendant-Appellee.

Supreme Court of New Mexico.

September 8, 1969.

Attorney(s) appearing for the Case

Joseph A. Roberts, Santa Fe, for plaintiff-appellant.

James A. Maloney, Atty. Gen., Robert J. Laughlin, Asst. Atty. Gen., Santa Fe, for defendant-appellee.

OPINION

COMPTON, Justice.

This is an appeal from an order denying post conviction relief under Rule 93, § 21-1-1(93), N.M.S.A. 1953 (1967 Supp.), without a hearing.

Following a plea of guilty to murder in the second degree, appellant was sentenced to serve a term in the state penitentiary of not less than three years nor more than life. The statute under which he was sentenced, § 40-24-10, N.M.S.A. 1953, (since repealed), provides that...

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