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VIGIL v. STATE

No. 11097.

555 P.2d 901 (1976)

89 N.M. 601

Charles VIGIL, Petitioner, v. STATE of New Mexico, Respondent.

Supreme Court of New Mexico.

October 28, 1976.

Attorney(s) appearing for the Case

Brian M. Gross, Albuquerque, Jan A. Hartke, Chief Public Defender, Santa Fe, for petitioner.

Toney Anaya, Atty. Gen., Anthony Tupler, Asst. Atty. Gen., Santa Fe, for respondent.

OPINION

EASLEY, Justice.

Vigil was convicted of aggravated battery in the District Court of Bernalillo County. Notice of appeal and the docketing statement were timely filed. Trial counsel, however, violated N.M.R.Crim. App. 205(a)1 by misfiling the original docketing statement in the district court and an unsigned copy in the Court of Appeals. A proof of service was not filed with the docketing statement as required by N.M.R...

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