OPINION
OMAN, Judge.
The sole issue in this case is whether the trial court erred in revoking defendant's probation without a jury trial as to his identity.
The case is before this court on appeal from a judgment of the trial court denying, after hearing, defendant's motion under Rule 93 [§ 21-1-1(93), N.M.S.A. 1953 (Supp. 1969)].
Defendant relies on State v. Peoples,
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