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STATE v. SANCHEZ

No. 1134.

512 P.2d 696 (1973)

85 N.M. 368

STATE of New Mexico, Plaintiff-Appellee, v. Ruben SANCHEZ, Jr., and Willie Scott, Defendants-Appellants.

Court of Appeals of New Mexico.

July 5, 1973.

Attorney(s) appearing for the Case

S. Thomas Overstreet, Alamogordo, for appellant Sanchez.

Jefferson R. Rhodes, Alamogordo, for appellant Scott.

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

OPINION

LOPEZ, Judge.

The defendants were convicted after trial by jury on one count of sodomy contrary to § 40A-9-6, N.M.S.A. 1953 (2d Repl.Vol. 6). They were sentenced and, thereafter, appealed.

We affirm as to defendant Sanchez and vacate and remand as to defendant Scott.

Defendant Sanchez relies for reversal on one point: that the sodomy statute, under which he was indicted and convicted, is unconstitutional. Defendant Scott relies...

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