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STATE v. CARTER

No. 1537.

528 P.2d 1281 (1974)

87 N.M. 41

STATE of New Mexico, Plaintiff-Appellee, v. Charles CARTER, Defendant-Appellant.

Court of Appeals of New Mexico.

December 11, 1974.

Attorney(s) appearing for the Case

Louis G. Stewart, Jr., Harry D. Relkin, Albuquerque, for defendant-appellant.

David L. Norvell, Atty. Gen., Jay F. Rosenthal, Special Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

CERTIFICATION TO THE SUPREME COURT

The appellant was indicted by a Bernalillo County Grand Jury on August 17, 1972 (filed August 18, 1972) on two counts of armed robbery and one count of rape. On February 6, 1973 the State pursuant to Rule 37(c), N.M.R.Cr.P. filed a petition for extension of time for commencement of trial. The appellant was not notified of the date of hearing and the State's petition was granted ex parte on February 15, 1973. Appellant was found...

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