STATE v. LEYBA

No. 2041.

546 P.2d 876 (1976)

89 N.M. 28

STATE of New Mexico, Plaintiff-Appellee, v. Toni LEYBA, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied March 1, 1976.


Attorney(s) appearing for the Case

Chester H. Walter, Jr., Chief Public Defender, Bruce L. Herr, Appellate Defender, Sarah M. Singleton, Assistant Appellate Defender, Santa Fe, for appellant.

Toney Anaya, Atty. Gen., F. Scott MacGillivray, Asst. Atty. Gen., Santa Fe, for appellee.


OPINION

WOOD, Chief Judge.

Convicted of receiving stolen property, defendant appeals. We reverse because of prosecutor misconduct in closing argument to the jury.

The stolen property was a necklace. There was evidence that defendant stated she did not remember how she got the necklace or how long she had it, but that she had had it for a long time. An issue at trial was whether defendant received or retained the necklace "knowing that it has been...

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