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STATE v. GUTIERREZ

No. 11432.

570 P.2d 592 (1977)

91 N.M. 54

STATE of New Mexico, Plaintiff-Appellee, v. Manuel GUTIERREZ, Defendant-Appellant.

Supreme Court of New Mexico.

October 24, 1977.

Attorney(s) appearing for the Case

Paul B. Rasor, Alamogordo, for defendant-appellant.

Toney Anaya, Atty. Gen., Suzanne Tanner, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

SOSA, Justice.

This case involves the defendant being tried before a jury under § 40A-29-5, N.M.S.A. 1953 (Repl. 1972), as an habitual offender. The jury found the defendant to be a recidivist and the judge sentenced him to life imprisonment.

During the habitual-offender trial the prosecution offered various proofs, including eye witnesses. One of the witnesses who was called for eye-witness identification

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