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STATE v. HOVEY

No. 1806.

534 P.2d 777 (1975)

87 N.M. 398

STATE of New Mexico, Plaintiff-Appellee, v. Oliver HOVEY, Defendant-Appellant.

Court of Appeals of New Mexico.

April 9, 1975.

Attorney(s) appearing for the Case

Kathryn Jones Lauer, Lauer & Lauer, Santa Fe, for defendant-appellant.

Toney Anaya, Atty. Gen., Andrea Buzzard, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

WOOD, Chief Judge.

Defendant pled guilty to shoplifting merchandise valued at more than one hundred but less than twenty-five hundred dollars. This is a fourth degree felony. Section 40A-16-20, N.M.S.A. 1953 (2d Repl. Vol. 6). The trial court imposed the statutory penalty for a fourth degree felony — not less than one nor more than five years in the penitentiary. Section 40A-29-3(D), N.M.S.A. 1953 (2d Repl. Vol. 6). In addition, the sentence...

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