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84 N.M. 172

Apodaca v. State

New Mexico Court of Appeals

Decided August 11, 1972

New Mexico Court of Appeals · decided 1972-08-11

Cited by 4 later decisions — most recently July 1974

4 state decisions

Relies on State v. Beachum · State v. Apodaca

Good law ✅— No negative treatment on recordhow we know

Decided 1972-08-11

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¶1OPINION

COWAN, Judge.

¶2Defendant appeals from an order denying, without a hearing, a “Petition For A Rule 93”, filed pursuant to Rule 93 [§ 21 — 1— 1(93), N.M.S.A.1953 (Repl. Vol. 4)]. His conviction for aggravated assault was affirmed by this court in State v. Apodaca, 81 N.M. 580, 469 P.2d 729 (Ct.App.1970).

¶3We affirm.

¶4Defendant argues that his constitutional rights were violated because the state failed to introduce into evidence the weapon with which the alleged assault was committed.

¶5 This was a matter which should have been submitted to this court for its consideration on direct appeal. Proceedings under Rule 93 are not intended as a substitute for an appeal as a means for correcting errors which may have occurred during the course of the trial nor as a method by which one can obtain consideration of questions which might have been raised on appeal. State v. Beachum, 83 N.M. 526, 494 P.2d 188 (Ct.App.1972).

¶6The order denying relief is affirmed.

¶7It is so ordered.

WOOD, C. J., and HENDLEY, J., concur.
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