Court of Appeals of New Mexico
Decision Information
State v. Manlove - cited by 108 documents
State v. Ramos - cited by 14 documents
State v. Sedillo - cited by 39 documents
Decision Content
STATE V. MANLOVE, 1973-NMCA-109, 85 N.M. 438, 512 P.2d 1274 (Ct. App. 1973)
STATE OF NEW MEXICO, Plaintiff-Appellee
vs.
LONNIE K. MANLOVE, Defendant-Appellant
No. 1121
COURT OF APPEALS OF NEW MEXICO
1973-NMCA-109, 85 N.M. 438, 512 P.2d 1274
July 18, 1973
Appeal from the District Court of Eddy County, Archer, Judge
COUNSEL
DAVID L. NORVELL, Attorney General, DEE C. BLYTHE, Assistant Attorney General, Santa Fe, New Mexico, Attorneys for Plaintiff-Appellee.
JAMES F. WARDEN, Carlsbad, New Mexico, Attorney for Defendant-Appellant.
JUDGES
SUTIN, Judge, wrote the opinion.
WE CONCUR:
William R. Hendley, J., B. C. Hernandez, J.
OPINION
SUTIN, Judge.
{1} This 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).
{2} Defendant 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.
{3} The 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).
{4} Affirmed.
{5} IT IS SO ORDERED.
WE CONCUR:
William R. Hendley, J., B. C. Hernandez, J.