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STATE v. HELKER

No. 1798.

545 P.2d 1028 (1975)

88 N.M. 650

STATE of New Mexico, Plaintiff-Appellee, v. Leatch Allen HELKER, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied January 7, 1976.

Attorney(s) appearing for the Case

Joan M. Friedland, Morton S. Simon, Santa Fe, for defendant-appellant.

Toney Anaya, Atty. Gen., Ralph W. Muxlow, III, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

HENDLEY, Judge.

Defendant appeals a conviction of attempted rape, sodomy and aggravated burglary. He alleges four points for reversal which relate to: (1) lack of a full voluntariness hearing on a confession; (2) ineffective assistance of counsel; (3) commenting on defendant's failure to testify; and, (4) the unconstitutionality of the sodomy statute.

Voluntariness Hearing

Defendant's trial attorney had known of the purported...

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