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STATE v. ELLIOTT

No. 1682.

539 P.2d 207 (1975)

88 N.M. 187

STATE of New Mexico, Plaintiff-Appellee, v. Donald Ray ELLIOTT, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted August 11, 1975.

Attorney(s) appearing for the Case

Chester H. Walter, Chief Public Defender, Bruce L. Herr, Appellate Defender, Robert R. Rothstein, Asst. App. Defender, Santa Fe, for defendant-appellant.

Toney Anaya, Atty. Gen., Morton A. Resnick, Bill Primm, Asst. Attys. Gen., Santa Fe, for appellee.

OPINION

SUTIN, Judge.

Defendant was convicted of sodomy, § 40A-9-6, and burglary, § 40A-16-3, N.M.S.A. 1953 (2nd Repl. Vol. 6, 1972). He appeals. We reverse.

A. The sodomy statute is unconstitutional.

In State v. Trejo, 83 N.M. 511, 494 P.2d 173 (Ct.App. 1972) (Sutin, J., dissenting), and State v. Armstrong, 85 N.M. 234

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