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STATE v. GONZALES

No. 1026.

507 P.2d 787 (1973)

84 N.M. 726

STATE of New Mexico, Plaintiff-Appellee, v. Jimmy GONZALES, Defendant-Appellant.

Court of Appeals of New Mexico.

February 23, 1973.

Attorney(s) appearing for the Case

Frederick J. McCarthy, Albuquerque, for defendant-appellant.

David L. Norvell, Atty. Gen., Jane E. Pendleton, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

HENDLEY, Judge.

Defendant's motion for post-conviction relief pursuant to Rule 93, (§ 21-1-1(93), N.M.S.A. 1953 (Repl.Vol. 1970)) was denied after hearing and defendant appeals.

Defendant's motion stated in part a claim of double jeopardy. It states as follows:

"(1) On February 7, 1968 petitioner was charged with possession of stolen property and was fined $25.00 dollars which he paid...

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