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STATE v. MARTINEZ

No. 1160.

513 P.2d 402 (1973)

85 N.M. 468

STATE of New Mexico, Plaintiff-Appellee, v. Pete MARTINEZ, Defendant-Appellant.

Court of Appeals of New Mexico.

August 1, 1973.

Attorney(s) appearing for the Case

Gloria Lyons, Albuquerque, for defendant-appellant.

David L. Norvell, Atty. Gen., Lee Griffin, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

WOOD, Chief Judge.

Convicted of robbery, § 40A-16-2, N.M.S.A. 1953 (2d Repl. Vol. 6), defendant appeals. Use or threatened use of force is an essential element of robbery under § 40A-16-2, supra. State v. Walsh, 81 N.M. 65, 463 P.2d 41 (Ct.App. 1969). Defendant contends the evidence concerning force is insufficient to sustain his conviction. We disagree.

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