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STATE v. LOPEZ

No. 10451.

547 P.2d 565 (1976)

89 N.M. 82

STATE of New Mexico, Plaintiff-Appellee, v. Amado LOPEZ, Defendant-Appellant.

Supreme Court of New Mexico.

April 1, 1976.

Attorney(s) appearing for the Case

Chester H. Walter, Jr., Chief Public Defender, Bruce L. Herr, App. Defender, Santa Fe, for defendant-appellant.

Toney Anaya, Atty. Gen., Louis Eloy Valencia, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

McMANUS, Justice.

This is a direct appeal from defendant's conviction and sentence upon trial by jury as a habitual criminal pursuant to §§ 40A-29-5 to -7, N.M.S.A. 1953 (2nd Repl.Vol. 6, 1972). The case was tried in the District Court of Bernalillo County.

Defendant Lopez was convicted of a fourth felony on the 20th day of October, 1972. On November 29, 1972, in Bernalillo County cause no. 21973, an information was filed against...

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