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STATE v. TAPIA

No. 2403.

549 P.2d 636 (1976)

89 N.M. 221

STATE of New Mexico, Plaintiff-Appellee, v. Jerry TAPIA, Defendant-Appellant.

Court of Appeals of New Mexico.

April 20, 1976.

Attorney(s) appearing for the Case

Charles W. Daniels, Albuquerque, for defendant-appellant.

Toney Anaya, Atty. Gen., Paquin M. Terrazas, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

WOOD, Chief Judge.

Can the thief, convicted of larceny under § 40A-16-1, N.M.S.A. 1953 (2d Repl.Vol. 6), also be convicted of receiving stolen property by disposing of it in violation of § 40A-16-11, N.M.S.A. 1953 (2d Repl.Vol. 6, Supp. 1975)? Under the circumstances of this case we hold that both convictions were proper.

The instructions permitted a guilty verdict on each of the charges. The jury convicted defendant of both charges...

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