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STATE v. GARLICK

No. 8758.

456 P.2d 185 (1969)

80 N.M. 352

STATE of New Mexico, Plaintiff-Appellee, v. Lester Allen GARLICK, Defendant-Appellant.

Supreme Court of New Mexico.

Rehearing Denied July 21, 1969.

Attorney(s) appearing for the Case

Asa Kelly, Jr., Silver City, for appellant.

James A. Maloney, Atty. Gen., Spencer T. King, Oliver H. Miles, Asst. Attys. Gen., Santa Fe, for appellee.

OPINION

MOISE, Justice.

From a refusal of the district court to set aside a sentence of confinement to the penitentiary, this appeal is prosecuted.

At the outset, we note a question of jurisdiction in this court, which is determinative. See Rice v. Gonzales, 79 N.M. 377, 444 P.2d 288 (1968). We briefly state the facts.

Appellant's motion to vacate the judgment and sentence...

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