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STATE v. BOTELLO

No. 321.

457 P.2d 1001 (1969)

80 N.M. 482

STATE of New Mexico, Plaintiff-Appellee, v. Richard BOTELLO and Dulcie Botello, Defendants-Appellants.

Court of Appeals of New Mexico.

August 1, 1969.

Attorney(s) appearing for the Case

Turner W. Branch, Albuquerque, for appellant.

James A. Maloney, Atty. Gen., Ethan K. Stevens, Asst. Atty. Gen., Santa Fe, for appellee.

OPINION

OMAN, Judge.

Defendants have taken this appeal from the denial of their motion filed under Rule 93 [§ 21-1-1(93), N.M.S.A. 1953 (Supp. 1967)]. The trial court granted a hearing on the motion. After the presentation of evidence by both sides, the motion was denied. Defendants were returned to the New Mexico State Penitentiary, where they have been confined since the imposition of sentences on March 3, 1967, upon their convictions of burglary pursuant...

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