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STATE v. BENAVIDEZ

No. 1560.

531 P.2d 957 (1975)

87 N.M. 223

STATE of New Mexico, Plaintiff-Appellee, v. Louie BENAVIDEZ, Johnny Jack Romero and Ernest Chavez, Defendants-Appellants.

Court of Appeals of New Mexico.

January 22, 1975.

Attorney(s) appearing for the Case

Michael L. Gregory, Las Vegas, for Louie Benavidez.

H.E. Blattman & Jay G. Harris, Las Vegas, for Johnny Jack Romero.

Benny E. Flores, Karelitz & Flores, Las Vegas, for Ernest Chavez.

David L. Norvell, Atty. Gen., Jay F. Rosenthal, Sp. Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

LOPEZ, Judge

The defendants were convicted of burglary and larceny contrary to §§ 40A-16-3(A) and 40A-16-1, N.M.S.A. 1953 (2d Repl.Vol. 6). Judgment and sentences were passed and defendants appeal; we reverse as to all defendants for the reasons that follow.

The record discloses that items valued between $100 and $2,500 were stolen from the victim's home on August 9, 1973. The evidence shows that two or three young men left the...

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