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STATE v. TURNBOW

No. 8850.

466 P.2d 100 (1970)

81 N.M. 254

STATE of New Mexico, Plaintiff-Appellee, v. James F. TURNBOW, Defendant-Appellant.

Supreme Court of New Mexico.

March 9, 1970.

Attorney(s) appearing for the Case

Marvin Baggett, Jr., Farmington, for appellant.

James A. Maloney, Atty. Gen., Justin Reid, Asst. Atty. Gen., Santa Fe, for appellee.

OPINION

ANGEL, District Judge.

Defendant pleaded guilty in 1964 to second-degree murder and was sentenced to imprisonment of not less than three years nor more than life. He subsequently filed a petition under Rule 93 (§ 21-1-1 (93), N.M.S.A. 1953 [Supp. 1969]). From a denial of that petition defendant appeals, contending that he should have been sentenced to a fixed, determined number of years. We do not agree.

At the time of the offense, the...

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