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104 N.M. 344

State ex rel. Schiff v. Murdoch

New Mexico Supreme Court

Decided June 24, 1986

New Mexico Supreme Court · decided 1986-06-24

Decided 1986-06-24

SOSA, Senior Justice,

¶1specially concurring.

¶2I Concur in the holding that this is not a proper matter for the issuance of an alternative writ. However, I do not concur in the reaffirmance of State v. Aqui because I feel the Court of Appeals in their Opinion properly held that under the circumstances of State v. Aqui, good time credit should be awarded under both the equal protection and due process clauses of both the New Mexico and the United States Constitutions.

¶3Therefore, I concur in this result only. Walters, Justice, specially concurring.

¶4I agree with Senior Justice Sosa and concur solely in the result. The writ was improvidently issued and should be quashed.

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