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STATE v. NAJERA

No. 2667.

554 P.2d 983 (1976)

89 N.M. 522

STATE of New Mexico, Plaintiff-Appellant, v. Ernest A. NAJERA, a/k/a Bobby Cruz, Defendant-Appellee.

Court of Appeals of New Mexico.

September 14, 1976.

Attorney(s) appearing for the Case

Toney Anaya, Atty. Gen., Santa Fe, for plaintiff-appellant.

Jan A. Hartke, Acting Chief Public Defender, Don Klein, Acting Appellate Defender, Reginald J. Storment, Asst. Public Defender, Santa Fe, for defendant-appellee.

OPINION

WOOD, Chief Judge.

One of the charges against defendant was that he possessed burglary tools in violation of § 40A-16-5, N.M.S.A. 1953 (2d Repl.Vol. 6). The trial court ruled that the statute was unconstitutionally vague. The State appealed. We placed the appeal on the summary calendar, proposing summary reversal on the basis of prior New Mexico decisions. Defendant has filed a memorandum in opposition to summary reversal.

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