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STATE v. GARCIA

No. 935.

505 P.2d 862 (1972)

84 N.M. 519

STATE of New Mexico, Plaintiff-Appellee, v. Andy GARCIA and Eutimio Rivera, Defendants-Appellants.

Court of Appeals of New Mexico.

Rehearing Denied November 15, 1972.

Certiorari Denied December 11, 1972.

Attorney(s) appearing for the Case

Louis G. Stewart, Jr., Albuquerque, for appellant Garcia.

Mark B. Thompson III, Albuquerque, for appellant Rivera.

David L. Norvell, Atty. Gen., Winston Roberts-Hohl, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

SUTIN, Judge.

Garcia and Rivera were convicted and sentenced for rape. § 40A-9-2(A), N.M.S.A. 1953 (2nd Repl.Vol. 6). They both appeal.

We affirm.

A. Garcia's Appeal

Garcia did not testify at his trial. He claims the trial court erred in giving the stock instruction on Garcia's failure to testify. Garcia objected because Rivera did testify in the joint trial and the instruction tended to cause prejudice in the...

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