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STATE v. GALLEGOS

No. 2964.

570 P.2d 938 (1977)

91 N.M. 107

STATE of New Mexico, Plaintiff-Appellee, v. Joseph Larry GALLEGOS, Defendant-Appellant.

Court of Appeals of New Mexico.

October 4, 1977.

Attorney(s) appearing for the Case

Jan A. Hartke, Chief Public Defender, Joseph N. Riggs, III, Asst. Public Defender, Reginald J. Storment, Appellate Defender, Santa Fe, for defendant-appellant.

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

OPINION

WOOD, Chief Judge.

Defendant was found to be an habitual criminal and sentenced accordingly. His appeal raises issues as to: (1) applicability of Rule of Crim.Proc. 21; (2) State's burden of proof; (3) jury issue as to validity of prior convictions; and (4) admissibility of exhibits.

Applicability of Rule of Crim.Proc. 21

Defendant moved to dismiss the supplemental information charging prior convictions of defendant. The...

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