STATE v. ARCHIE

No. 17017.

943 P.2d 537 (1997)

123 N.M. 503

1997-NMCA-058

STATE of New Mexico, Plaintiff-Appellee, v. Andre ARCHIE, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted June 26, 1997.


Attorney(s) appearing for the Case

Tom Udall, Attorney General, William McEuen, Assistant Attorney General, Santa Fe, for Appellee.

Liane E. Kerr, Albuquerque, for Appellant.


OPINION

BOSSON, Judge.

1. Defendant appeals his conviction for embezzlement after a trial to the court without a jury. Defendant was on probation, confined by the conditions of his probation to stay within 150 feet of his telephone. As part of his probation, Defendant agreed to wear an electronic monitoring device (EMD) around his ankle which would communicate electronically with a computer connected to his telephone and thereby verify his presence as long...

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