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STATE v. SISNEROS

No. 404.

464 P.2d 923 (1970)

81 N.M. 194

STATE of New Mexico, Plaintiff-Appellee, v. Daniel Arthur SISNEROS, Defendant-Appellant.

Court of Appeals of New Mexico.

January 23, 1970.

Attorney(s) appearing for the Case

Frank P. Dickson, Jr., Albuquerque, for appellant.

James A. Maloney, Atty. Gen., Santa Fe, James V. Noble, Asst. Atty. Gen., for appellee.

OPINION

WOOD, Judge.

Denied post-conviction relief under § 21-1-1(93), N.M.S.A. 1953 (Supp. 1969), defendant appeals. Defendant's contentions, and our answers, are:

1. Defendant committed murder in 1961. He was convicted of second degree murder. The penalty statute applicable to this offense, § 40-24-10, N.M.S.A. 1953 (now repealed) provided for imprisonment "`* * * for any period of time not less than three (3) years * * *.'" Defendant...

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