STATE v. WATKINS

No. 1990.

543 P.2d 1189 (1975)

88 N.M. 561

STATE of New Mexico, Plaintiff-Appellee, v. Jay Lee WATKINS, Defendant-Appellant.

Court of Appeals of New Mexico.

Rehearing Denied November 3, 1975.

Certiorari Denied December 5, 1975.


Attorney(s) appearing for the Case

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

Toney Anaya, Atty. Gen., Mark Shoesmith, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

WOOD, Chief Judge.

Convicted of conspiracy to commit burglary and burglary, defendant appeals. Sections 40A-28-2 and 40A-16-3, N.M.S.A. 1953 (2d Repl.Vol. 6).

Defendant asserts he cannot be convicted of both crimes because they are in effect either the same crime or are so similar that multiple convictions are prohibited. We need not discuss defendant's various theories because the contention ignores the facts. The evidence is that the conspiracy...

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