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State v. Fiorina

Supreme Court of New Mexico
Jun 14, 1974
86 N.M. 494 (N.M. 1974)

Opinion

No. 9454.

June 14, 1974. Original Mandamus Proceeding.

Standley, Witt Quinn, Bigbee, Byrd, Carpenter Crout, Paul D. Gerber, Charles D. Olmsted, Santa Fe, for relator.

David L. Norvell, Atty. Gen., Santa Fe, William Dixon, Special Asst. Atty. Gen., Albuquerque, for respondents.


OPINION


This matter has come before us on remand of the case from the United States Supreme Court, 416 U.S. 918, 94 S.Ct. 1915, 40 L.Ed.2d 276. Our original opinion was based on § 3-8-26, subd. A, N.M.S.A. 1953 (Repl. Vol. 1, 1970). This statute was repealed by the New Mexico State Legislature, Laws of 1973, chapter 228, § 11, thereby rendering the question moot.

Therefore, the judgment of this Court entered herein on April 17, 1972, is hereby vacated and this cause is dismissed.

The judgment was followed, on April 18, 1972, by an opinion (see 83 N.M. 663, 495 P.2d 1379).


Summaries of

State v. Fiorina

Supreme Court of New Mexico
Jun 14, 1974
86 N.M. 494 (N.M. 1974)
Case details for

State v. Fiorina

Case Details

Full title:STATE of New Mexico ex rel. A. L. Happy APODACA and A. L. Happy Apodaca…

Court:Supreme Court of New Mexico

Date published: Jun 14, 1974

Citations

86 N.M. 494 (N.M. 1974)
525 P.2d 854