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HERNANDEZ v. STATE

Nos. 13593, 13684.

633 P.2d 693 (1981)

96 N.M. 585

Orlando HERNANDEZ, Petitioner, v. STATE of New Mexico, Respondent. STATE of New Mexico, Petitioner, v. Billy Ray HUGHES, Respondent.

Supreme Court of New Mexico.

August 31, 1981.

Attorney(s) appearing for the Case

Jeff Bingaman, Atty. Gen., Carol Vigil, Clare E. Mancini, Asst. Attys. Gen., Santa Fe, for State of New Mexico.

Steven Quinn, Clovis, for respondent Hughes.

Martha A. Daly, Appellate Defender, Andrea L. Smith, Asst. Appellate Defender, Santa Fe, for petitioner Hernandez.

OPINION UPON CERTIORARI

FEDERICI, Justice.

The original Opinion Upon Certiorari by this Court filed August 10, 1981 is withdrawn and this Opinion substituted therefor.

Certiorari was granted by this Court in Hernandez v. State, (Ct.App. No. 4780), and State v. Hughes, (Ct.App. No. 5008), and the cases have been consolidated for purposes of this opinion. In Hernandez v. State, the Court of Appeals did not cite or discuss State...

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