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STATE v. McCALLUM

No. 1542.

535 P.2d 1085 (1975)

87 N.M. 459

STATE of New Mexico, Plaintiff-Appellee, v. Richard A. McCALLUM, Defendant-Appellant.

Court of Appeals of New Mexico.

Rehearing Denied April 8, 1975.

Second Rehearing Denied April 14, 1975.

Attorney(s) appearing for the Case

N. Tito Quintana, Albuquerque, for defendant-appellant.

Toney Anaya, Atty. Gen., W. Royer, Jill Cooper, Asst. Attys. Gen., Santa Fe, for plaintiff-appellee.

OPINION

LOPEZ, Judge.

Defendant was indicted by a grand jury for one count of conspiracy [§§ 40A-28-2 and 40A-16-6, N.M.S.A. 1953 (2d Repl.Vol. 6)] and eight counts of fraud [§ 40A-16-6, supra]. The defendant moved for severance of these charges and the court ordered the district attorney to proceed with the one count of conspiracy and two counts of fraud. Defendant was convicted of one count of fraud and sentenced to two to ten years in the...

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