Valles v. State

(specially concurring).

I concur in the result.

Defendant moved that the judgment and sentence of the trial court affirmed in State v. Valles, 83 N.M. 541, 494 P.2d 619 (Ct.App.1972) be vacated and set aside pursuant to Rule 93 of the Rules of Civil Procedure, and that defendant be granted a new trial. The basis of the motion was that defendant was denied his constitutional right to confront and cross-examine three grand jury witnesses who testified against him at trial. Evidence of what occurred at the trial was presented.

A hearing was held. The trial court found:

8. At the jury trial . . . the…