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STATE v. ALLEN

No. 9114.

482 P.2d 237 (1971)

82 N.M. 373

STATE of New Mexico, Plaintiff-Appellee, v. Leroy ALLEN, Defendant-Appellant.

Supreme Court of New Mexico.

Rehearing Denied March 23, 1971.

Attorney(s) appearing for the Case

David F. Boyd, Jr., Albuquerque, for defendant-appellant.

James A. Maloney, Atty. Gen., Roy G. Hill, Sp. Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

TACKETT, Justice.

An information filed in 1962, in the District Court of Bernalillo County, New Mexico, charged the defendant with the crime of second degree murder, to which he entered a guilty plea. He was sentenced to the State Penitentiary for a period of not less than three nor more than fifty years.

Defendant filed several motions and habeas corpus petitions to vacate judgment and sentence, the last being on January 22, 1970, which...

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