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HERRING v. STATE

No. 397.

462 P.2d 468 (1969)

81 N.M. 21

John Fredrick HERRING, Petitioner-Appellant, v. STATE of New Mexico, Respondent-Appellee.

Court of Appeals of New Mexico.

November 21, 1969.

Attorney(s) appearing for the Case

Leslie A. Williams, Clovis, for petitioner-appellant.

James A. Maloney, Atty. Gen., Santa Fe, Mark B. Thompson III, Asst. Atty. Gen., for respondent-appellee.

OPINION

WOOD, Judge.

Petitioner appeals the trial court's denial of four claims for post-conviction relief under § 21-1-1(93), N.M.S.A. 1953 (Supp. 1969). No issue is presented concerning that portion of the trial court's order directing that petitioner be given credit on his sentence for 43 days served in the Curry County jail.

The four claims, and our answers, are:

(a) Petitioner was convicted on evidence obtained as a result of an...

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