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MARTINEZ v. STATE

No. 11534.

796 P.2d 250 (1990)

110 N.M. 157

Richard Ralph MARTINEZ, Petitioner-Appellant, v. STATE of New Mexico, Respondent-Appellee.

Court of Appeals of New Mexico.

March 13, 1990.

Attorney(s) appearing for the Case

Richard Ralph Martinez, Los Lunas, pro se.

Hal Stratton, Atty. Gen., Anthony Tupler, Asst. Atty. Gen., Santa Fe, for respondent-appellee.

OPINION

HARTZ, Judge.

Petitioner appeals from the district court's order denying his petition for credit against his sentence for the time that he was confined pending appeal of his conviction for first degree murder. See NMSA 1978, § 31-20-11 (Repl.Pamp. 1987). The dispositive issue in this matter is our jurisdiction. We hold that (1) petitioner had the right to appeal, because we can construe his petition...

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