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STATE v. CRUZ

No. 595.

484 P.2d 364 (1971)

82 N.M. 522

STATE of New Mexico, Plaintiff-Appellee, v. Frankie CRUZ, Defendant-Appellant.

Court of Appeals of New Mexico.

April 9, 1971.

Attorney(s) appearing for the Case

Harold H. Parker, Albuquerque, for defendant-appellant.

David L. Norvell, Atty. Gen., C. Emery Cuddy, Jr., Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

SUTIN, Judge.

Cruz pleaded guilty to two counts of an indictment charging him with burglary and larceny. He was sentenced for a period of not less than one nor more than five years on each count, and the sentences were to run concurrently from May 15, 1969.

Cruz filed a motion to vacate the sentences under § 21-1-1(93) N.M.S.A. 1953. A hearing was granted and the motion denied. The trial court found that there was no denial or infringement...

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