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STATE v. MEARS

No. 256.

449 P.2d 85 (1968)

79 N.M. 715

STATE of New Mexico, Plaintiff-Appellee, v. Cody Harris MEARS, aka Cody Harris Mears Stark and Esteban Estrada Medina and Cody Harris Stark, Defendant-Appellant.

Court of Appeals of New Mexico.

December 27, 1968.

Attorney(s) appearing for the Case

R.E. Richards, Girand, Cowan & Reese, Hobbs, for defendant-appellant.

Boston E. Witt, Atty. Gen., Donald W. Miller, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

SPIESS, Chief Judge.

Defendant was convicted on May 26, 1967, of issuing a worthless check contrary to § 40-49-4, N.M.S.A. 1953, and was sentenced to serve not less than one nor more than three years in The Penitentiary of New Mexico, the sentence beginning with the fifth day of November, 1966.

Defendant attacked the sentence imposed by the trial court by motion pursuant to Rule 93, [§ 21-1-1(93), N.M.S.A. 1953 (Supp. 1967)] and...

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