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CHAVEZ v. STATE

No. 326.

458 P.2d 812 (1969)

80 N.M. 560

Ramon CHAVEZ, Appellant, v. STATE of New Mexico, Appellee.

Court of Appeals of New Mexico.

September 5, 1969.

Attorney(s) appearing for the Case

Snyder H. Downs, Santa Fe, for appellant.

James A. Maloney, Atty. Gen., Santa Fe, Vince D'Angelo, Asst. Atty. Gen., for appellee.

OPINION

HENDLEY, Judge.

While represented by counsel, defendant pled guilty to the charge of assault by a prisoner. Defendant was incarcerated on a charge of which he was later acquitted. While so incarcerated he attempted an escape. During the attempt he assaulted the jailers. Thereafter, he pled guilty to assault by prisoner (§ 40A-22-16, N.M.S.A. 1953), and upon this conviction he was sentenced to the penitentiary. From this judgment and sentence...

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