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STATE v. OLIVARES

No. 4729.

620 P.2d 380 (1980)

95 N.M. 222

STATE of New Mexico, Plaintiff-Appellee, v. Robert OLIVARES, Defendant-Appellant.

Court of Appeals of New Mexico.

November 20, 1980.

Attorney(s) appearing for the Case

John B. Bigelow, Chief Public Defender, Michael Dickman, Asst. Appellate Defender, Santa Fe, for defendant-appellant.

Jeff Bingaman, Atty. Gen., Marcia E. White, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

HENDLEY, Judge.

The defendant appeals from his conviction as an habitual offender, contrary to § 31-18-5, N.M.S.A. 1978. He contends the court's statement to the jury venire denied him a fair trial.

At the beginning of voir dire, the judge made the following remarks:

Now, good morning, ladies and gentlemen. The case that we have set for trial today is one in which the State of New Mexico has charged Robert Olivares under what...

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