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BROWN v. STATE

No. 11716.

573 P.2d 1204 (1978)

91 N.M. 349

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

Supreme Court of New Mexico.

January 17, 1978.

Attorney(s) appearing for the Case

William D. Teel, John Walker, Asst. Public Defenders, Albuquerque, for petitioner.

Toney Anaya, Atty. Gen., Paquin M. Terrazas, Asst. Atty. Gen., Santa Fe, for respondent.

ORDER

FEDERICI, Justice.

The writ of certiorari heretofore granted is quashed as improvidently issued.

The case of State v. Castrillo, 90 N.M. 608, 566 P.2d 1146 (1977), upon which petitioner relies, is not applicable to the present case. The first trial in the present case was concluded on November 18, 1976. The Castrillo opinion was not filed until July 8, 1977. The Castrillo case made it clear...

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