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STATE v. MOSER

No. 8646.

456 P.2d 878 (1969)

80 N.M. 404

STATE of New Mexico, Plaintiff-Appellee, v. Ernest MOSER, Defendant-Appellant.

Supreme Court of New Mexico.

June 30, 1969.

Attorney(s) appearing for the Case

Manford W. Rainwater, Tucumcari, for defendant-appellant.

James A. Maloney, Atty. Gen., Roy G. Hill, Special Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

HENDLEY, Judge, Court of Appeals.

Defendant was sentenced to life imprisonment as a habitual criminal. Subsequently, he applied to the district court for post-conviction relief under Rule 93 (§ 21-1-1(93), N.M.S.A. 1953). Based solely on the record, a hearing on the Rule 93 motion was denied. We reversed that ruling in State v. Moser, 78 N.M. 212, 430 P.2d 106 (1967) and remanded...

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