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85 N.M. 438

State v. Manlove

New Mexico Court of Appeals

Decided July 18, 1973

New Mexico Court of Appeals · decided 1973-07-18

Cited by 7 later decisions — most recently April 2009

7 state decisions

Relies on State v. Manlove · State v. Sedillo

Good law ✅— No negative treatment on recordhow we know

Decided 1973-07-18

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¶1OPINION

SUTIN, Judge.

¶2This is a Rule 93 [§ 21-1-1(93), N.M. S.A.1953 (Repl. Vol. 4)] case, an appeal from denial of defendant’s motion to vacate a judgment of conviction and sentence set forth in State v. Manlove, 79 N.M. 189, 441 P.2d 229 (Ct.App.1968).

¶3Defendant claims (1) there was a merger of offenses and he was improperly punished for three separate offenses; (2) the trial court failed to properly instruct the jury.

¶4The matters urged for reversal are ones which have already been decided or should have been submitted to this court on the original appeal. State v. Sedillo, 84 N.M. 293, 502 P.2d 318 (Ct.App.1972).

¶5Affirmed.

¶6It is so ordered.

HENDLEY and HERNANDEZ, JJ., concur.
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