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STATE v. CARR

No. 1157.

513 P.2d 397 (1973)

85 N.M. 463

STATE of New Mexico, Plaintiff-Appellee, v. George Emmons CARR, Defendant-Appellant.

Court of Appeals of New Mexico.

August 1, 1973.

Attorney(s) appearing for the Case

Harvey C. Markley, Lovington, for defendant-appellant.

David L. Norvell, Atty. Gen., Agustin T. Gurule, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

WOOD, Chief Judge.

This appeal, from denial of a motion for post-conviction relief under § 21-1-1(93), N.M.S.A. 1953 (Repl.Vol. 4), divides into two parts: (1) issues raised in the post-conviction motion and (2) issues raised for the first time on appeal.

In 1961, defendant pled guilty to assault with intent to commit rape and was sentenced to not more than fifty years in the penitentiary. Section 40-6-9, N.M.S.A. 1953 (Orig.Vol. 6)...

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