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STATE v. LA BADIE

No. 1681.

534 P.2d 483 (1975)

87 N.M. 391

STATE OF New Mexico, Plaintiff-Appellee, v. Frank LA BADIE, Jr., Defendant-Appellant.

Court of Appeals of New Mexico.

April 2, 1975.

Attorney(s) appearing for the Case

J. Michael Norwood, Albuquerque, for defendant-appellant.

Toney Anaya, Atty. Gen., Santa Fe, George A. Morrison, Sp. Asst. Atty. Gen., Charles E. Roybal, Asst. Atty. Gen., for plaintiff-appellee.

OPINION

WOOD, Chief Judge.

The trial court refused to credit defendant's sentence with presentence confinement time at the New Mexico State Hospital at Las Vegas. Defendant appeals, we reverse.

Section 40A-29-25, N.M.S.A. 1953 (2d Repl.Vol. 6) states:

"A person held in official confinement on suspicion or charges of the commission of a felony shall, upon conviction of that or a lesser included offense, be given credit for the period spent...

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