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STATE v. RODRIGUEZ

No. 9302.

489 P.2d 1178 (1971)

83 N.M. 180

STATE of New Mexico, Plaintiff-Appellee, v. Braulio RODRIGUEZ, Defendant-Appellant.

Supreme Court of New Mexico.

October 22, 1971.

Attorney(s) appearing for the Case

Leon Karelitz, Las Vegas, for defendant-appellant.

David L. Norvell, Atty. Gen., Thomas L. Dunigan, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

OMAN, Justice.

The trial court denied defendant's motion for post-conviction relief under Rule 93 [§ 21-1-1 (93), N.M.S.A. 1953 (Repl. Vol. 4, 1970)] without granting an evidentiary hearing thereon. In order to prevail under his first point relied upon for reversal, he concedes we must reconsider and overrule our opinion in State v. Fines, 78 N.M. 737, 437 P.2d 1006 (1968), in...

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