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STATE v. MATA

No. 1323.

525 P.2d 908 (1974)

86 N.M. 548

STATE of New Mexico, Plaintiff-Appellee, v. Victor Marcelino MATA, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied August 14, 1974.

Attorney(s) appearing for the Case

Chester H. Walter, Jr., Chief Public Defender, Bruce L. Herr, Appellate Defender, Steve Schmidt, Asst. Public Defender, Santa Fe, for defendant-appellant.

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

OPINION

WOOD, Chief Judge.

Defendant appeals his convictions of aggravated burglary and aggravated assault. Sections 40A-16-4 and 40A-3-2, N.M.S.A. 1953 (2d Rpl.Vol. 6). The appeal turns on the sufficiency of the evidence. We affirm the aggravated burglary conviction. We reverse the aggravated assault conviction.

Defendant entered the apartment of Mr. and Mrs. Cardona at approximately 5:30 a.m. The entry was made after cutting the screen door with...

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