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STATE v. JONES

No. 966.

505 P.2d 445 (1972)

84 N.M. 500

STATE of New Mexico, Plaintiff-Appellee, v. Ivey JONES, Defendant-Appellant.

Court of Appeals of New Mexico.

December 22, 1972.

Attorney(s) appearing for the Case

Alan A. Norwood, Roswell, for defendant-appellant.

David L. Norvell, Atty. Gen., Kenneth G. Brown, Special Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

SUTIN, Judge.

Jones was convicted of robbery on July 6, 1971. Section 40A-16-2, N.M.S.A. 1953 (2nd Repl. Vol. 6). He was to serve a term of not less than two years nor more than ten years. On March 24, 1972, Jones filed a motion for relief under Rule 93 [§ 21-1-1(93), N.M.S.A. 1953 (Repl. Vol. 4)]. The trial court denied the motion without hearing because the petition set forth certain grounds for relief being the same grounds raised and disposed...

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