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STATE v. JOHNSON

No. 830.

498 P.2d 1372 (1972)

84 N.M. 29

STATE of New Mexico, Plaintiff-Appellee, v. Terry JOHNSON, Defendant-Appellant.

Court of Appeals of New Mexico.

June 23, 1972.

Attorney(s) appearing for the Case

Jack Smith, Edwin E. Piper, Jr., Albuquerque, for defendant-appellant.

David L. Norvell, Atty. Gen., Prentis Reid Griffith, Jr., Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

SUTIN, Judge.

Johnson was convicted and sentenced on two separate counts of burglary. Section 40A-16-3, N.M.S.A. 1953 (Repl.Vol. 6). He appeals.

We reverse and discharge Johnson as to Count I, and reverse and remand as to Count II.

Johnson claims error in seven respects. Two are dispositive of this appeal. The trial court, (1) failed to direct a verdict of acquittal; (2) failed to grant a severance of Count I and II.

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