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GARCIA v. BAKER

No. 186-69.

421 F.2d 671 (1970)

Willie GARCIA, Appellant, v. J. E. BAKER, Warden, Appellee.

United States Court of Appeals, Tenth Circuit.

February 11, 1970.

Attorney(s) appearing for the Case

Brian H. Upp, Oklahoma City, Okl., for appellant.

Joseph F. Baca, Sp. Asst. Atty. Gen., Albuquerque, N. M. (James A. Maloney, Atty. Gen., Santa Fe, N. M., with him on the brief), for appellee.

Before HICKEY and HOLLOWAY, Circuit Judges, and EUBANKS, District Judge.

HICKEY, Circuit Judge.

Appellant Garcia filed a motion under 28 U.S.C. § 2254 which presented as an issue the admissibility of evidence during his trial in a state district court. A jury found him guilty whereupon he was sentenced as a habitual criminal under the New Mexico Code. The Supreme Court of New Mexico affirmed the conviction and sentence. State v. Garcia, 76 N.M. 171, 413 P.2d 210 (1966...

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