OPINION
CHRISTENSEN, District Judge.
Bernard Anthony Ybarra was convicted of murder in the first degree on April 30, 1975. Judgment was entered, and he was sentenced to life in prison with the possibility of parole. His appeal was dismissed by this court on September 30, 1976. A petition for rehearing was denied on November 8, 1976.
On August 11, 1978, appellant filed a motion for a new trial based on newly discovered...
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