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STATE v. PATTON

No. 731.

493 P.2d 416 (1972)

83 N.M. 450

STATE of New Mexico, Plaintiff-Appellee, v. Andrew K. PATTON, Lyle V. Moody, Defendants-Appellants.

Court of Appeals of New Mexico.

January 7, 1972.

Attorney(s) appearing for the Case

George P. Jones, III, Albuquerque, for Andrew K. Patton.

Douglas T. Francis, Albuquerque, for Lyle V. Moody.

David L. Norvell, Atty. Gen., James B. Mulcock, Jr., Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

SUTIN, Judge.

Under Rule 93, § 21-1-1(93), N.M.S.A. 1953 (Repl. Vol. 4), Patton and Moody sought to vacate a prior judgment and sentence upon conviction for armed robbery with a sawed-off shotgun. This court granted them the right to a hearing on the motion in the trial court. State v. Patton, 82 N.M. 29, 474 P.2d 711 (Ct.App. 1970).

The trial court found that in July...

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