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WASHINGTON v. RODRIGUEZ

No. 537.

483 P.2d 309 (1971)

82 N.M. 428

George Paul WASHINGTON, Petitioner-Appellant, v. Felix RODRIGUEZ, Respondent-Appellee. Leon AUSTIN, Petitioner-Appellant, v. Felix RODRIGUEZ, Respondent-Appellee.

Court of Appeals of New Mexico.

March 5, 1971.

Attorney(s) appearing for the Case

Owen M. Lopez, Montgomery, Federici, Andrews, Hannahs & Morris, Santa Fe, for George Paul Washington.

Thomas A. Donnelly, Catron, Catron & Donnelly, Santa Fe, for Leon Austin.

James A. Maloney, Atty. Gen., Santa Fe, Thomas L. Dunigan, Asst. Atty. Gen., for respondent-appellee.

OPINION

SPIESS, Chief Judge.

Defendants Washington and Austin, by separate motions under Rule 93, [§ 21-1-1 (93), N.M.S.A. 1953 (Rpl.Vol. 4)] seek to vacate sentences which had been imposed upon them on April 14, 1961, following their conviction of the crime of sodomy under Chapter 78, Laws of 1955 (now repealed).

The motions were consolidated for hearing in the district court and are so presented here. Denial of the motions after hearing by...

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