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STATE v. LEE

No. 27,402.

213 P.3d 509 (2009)

2009-NMCA-075

STATE of New Mexico, Plaintiff-Appellee, v. Brion LEE, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied, No. 31,726, June 23, 2009.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, Ann M. Harvey, Assistant Attorney General, Santa Fe, NM, for Appellee.

Hugh W. Dangler, Chief Public Defender, Eleanor Brogan, Assistant Appellate Defender, Santa Fe, NM, for Appellant.

OPINION

SUTIN, Judge.

{1} Defendant challenges his convictions for forgery and attempted fraud over $250 stemming from the same conduct as violative of double jeopardy. We reverse Defendant's conviction for attempted fraud.

BACKGROUND

{2} Defendant was charged in October 2005 and, following a jury trial, was convicted of forgery in violation of NMSA 1978, Section 30-16-10 (1963) (amended 2006), and of attempted...

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