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QUINTANA v. NEW MEXICO DEPT. OF CORRECTIONS

Nos. 14497, 14592.

668 P.2d 1101 (1983)

100 N.M. 224

Louis QUINTANA, Petitioner-Appellee, v. NEW MEXICO DEPARTMENT OF CORRECTIONS, et al., Respondents-Appellants. Andrew James DEVINE, Petitioner, v. Joseph V. GUTIERREZ, Respondent.

Supreme Court of New Mexico.

September 7, 1983.

Attorney(s) appearing for the Case

Paul Bardacke, Atty. Gen., Eddie Michael Gallegos, Asst. Atty. Gen., Santa Fe, for respondents-appellants in No. 14497, petitioner in No. 14952.

Sarah M. Singleton, Santa Fe, for petitioner-appellee in No. 14497, respondent in No. 14592.

OPINION

RIORDAN, Justice.

By order of this Court the petition for habeas corpus filed by James Andrew Devine (Devine), Devine v. Gutierrez, S.Ct. No. 14,592, was consolidated with the State's appeal in Quintana v. New Mexico Department of Corrections, S.Ct. No. 14,497. We reverse the decision of the trial court as to Quintana, and deny Devine's writ of habeas corpus.

The issue on appeal is which statute governs parole eligibility for...

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