OPINION
HERNANDEZ, Judge.
The defendant's motion for post-conviction relief, brought pursuant to Section 21-1-1(93), N.M.S.A. 1953 (Repl. Vol. 4, 1970), subsequently superseded by Section 41-23-1 et seq., N.M.S.A. 1953 (2d Repl. Vol. 6, Supp. 1975), raises the question of whether
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