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STATE v. SANCHEZ

No. 1423.

530 P.2d 404 (1974)

87 N.M. 140

STATE of New Mexico, Plaintiff-Appellee, v. Daniel Joe SANCHEZ, Defendant-Appellant.

Court of Appeals of New Mexico.

December 11, 1974.

Attorney(s) appearing for the Case

Chester H. Walter, Jr., Chief Public Defender, Bruce L. Herr, Appellate Division, Don Klein, Associate Appellate Defender, Santa Fe, for defendant-appellant.

David L. Norvell, Atty. Gen., Andrea Buzzard, Jane E. Pendleton, Asst. Attys. Gen., Santa Fe, for plaintiff-appellee.

OPINION

LOPEZ, Judge.

Defendant was convicted by a jury of robbery while armed with a deadly weapon, to wit: a firearm, contrary to § 40A-16-2, N.M.S.A. 1953 (2d Repl.Vol. 6, Supp. 1973) and § 40A-29-3.1, N.M.S.A. 1953 (2d Repl.Vol. 6). Judgment and sentence were entered for robbery while armed with a deadly weapon, and defendant appeals. We affirm.

Defendant urges four points for reversal: (1) that the indictment was void, being based...

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