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STATE v. ORTEGA

No. 1441.

524 P.2d 522 (1974)

86 N.M. 350

STATE of New Mexico, Plaintiff-Appellee, v. Primitivo ORTEGA and Marcelino Ortega, Defendants-Appellants.

Court of Appeals of New Mexico.

June 26, 1974.

Attorney(s) appearing for the Case

Robert H. Scott, Wollen, Segal & Scott, Albuquerque, for defendants-appellants.

David L. Norvell, Atty. Gen., Bill Primm, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

SUTIN, Judge.

Defendants were convicted of three charges of burglary. Section 40A-16-3, N.M.S.A. 1953 (2d Repl.Vol. 6). The structure entered without authority was Vest Pocket Storage. Three separate counts of burglary were charged in the indictment: (1) Vest Pocket Storage, (2) a storage locker rented to Gene's Janitorial Service, and (3) a storage locker rented to J.M. Livingston.

Defendants contend the trial court erred in overruling defendants...

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