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STATE v. SANDOVAL

No. 8790.

455 P.2d 837 (1969)

80 N.M. 333

STATE of New Mexico, Plaintiff-Appellee, v. Gilbert SANDOVAL, Defendant-Appellant.

Supreme Court of New Mexico.

June 16, 1969.

Attorney(s) appearing for the Case

Calvin R. Neumann, Clovis, for appellant.

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

OPINION

NOBLE, Chief Justice.

Petitioner, Gilbert Sandoval, seeks by a Rule 93 petition (§ 21-1-1(93), N.M.S.A. 1953, Supp. 1967) to have an enhanced sentence of life imprisonment, following his conviction of burglary and proof of three prior felony convictions, set aside because of asserted comments by the district attorney concerning the defendant's failure to testify in his own behalf.

Griffin v. California, 380 U.S. 609

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