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STATE v. BALDONADO

No. 627.

484 P.2d 1291 (1971)

82 N.M. 581

STATE of New Mexico, Plaintiff-Appellee, v. Danny BALDONADO, defendant-appellant.

Court of Appeals of New Mexico.

April 30, 1971.

Attorney(s) appearing for the Case

Robert B. Stephenson, Nordhaus & Moses, Albuquerque, for defendant-appellant.

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

OPINION

WOOD, Judge.

Defendant appeals his conviction of rape and aggravated assault. Sections 40A-9-2 and 40A-3-2, N.M.S.A. 1953 (Repl.Vol. 6). The issue involves the victim's out-of-court identification of defendant from a photograph. The claim is that this extra-judicial identification was unnecessarily suggestive and conducive to irreparable mistaken identification. See State v. Torres, 81 N.M. 521, 469 P.2d 166 (Ct...

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