State ex rel. Apodaca v. Fiorina

New Mexico Supreme Court

State ex rel. Apodaca v. Fiorina

525 P.2d 854, 86 N.M. 494

New Mexico Supreme Court·Decided June 14, 1974·No. No. 9454·Published

Opinion

OPINION

PER CURIAM:

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 This statute was repealed by the New Mexico State Legislature, Laws of 1973, chapter 228, § 11, thereby rendering the question moot.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.

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OPINION

PER CURIAM:

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 This statute was repealed by the New Mexico State Legislature, Laws of 1973, chapter 228, § 11, thereby rendering the question moot.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.

State ex rel. Apodaca v. Fiorina, 525 P.2d 854, 86 N.M. 494 (N.M. 1974).

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