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STATE v. GUTIERREZ

No. 608.

484 P.2d 1288 (1971)

82 N.M. 578

STATE of New Mexico, Plaintiff-Appellee, v. Jessie GUTIERREZ, Defendant-appellant.

Court of Appeals of New Mexico.

Certiorari Denied May 12, 1971.

Attorney(s) appearing for the Case

Thomas E. Jones, Albuquerque, for defendant-appellant.

David L. Norvell, Atty. Gen., Ray Shollenbarger, Special Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

WOOD, Judge.

Appealing his conviction of burglary, § 40A-16-3, N.M.S.A. 1953 (Repl.Vol. 6), defendant raises six issues. They are: (1) continuance; (2) sufficiency of the evidence; (3) expert testimony; (4) advice of rights; (5) a refused instruction; and (6) verdict based on passion and prejudice.

Continuance.

Defendant was arrested February 10, 1969. An attorney was appointed to represent him the same day. He was arraigned...

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