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STATE v. SANCHEZ

No. 1284.

526 P.2d 1306 (1974)

86 N.M. 713

STATE of New Mexico, Plaintiff-Appellee, v. Tommy SANCHEZ, Defendant-Appellant.

Court of Appeals of New Mexico.

September 18, 1974.

Attorney(s) appearing for the Case

Robert H. Borkenhagen, Albuquerque, for defendant-appellant.

David L. Norvell, Atty. Gen., Jane E. Pendleton, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

WOOD, Chief Judge.

Defendant appeals his conviction of an attempt to commit armed robbery. Section 40A-28-1, N.M.S.A. 1953 (2d Repl. Vol. 6) and § 40A-16-2, N.M.S.A. 1953 (2d Repl. Vol. 6, Supp. 1973). He complains of remarks made by the prosecutor in the prosecution's final argument to the jury. We discuss two issues: (1) whether the issue was raised in the trial court, and (2) whether the plain error rule applies to the remarks.

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