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STATE v. ARMIJO

No. 2937.

566 P.2d 1152 (1977)

STATE of New Mexico, Plaintiff-Appellee, v. Mike Paul ARMIJO, Defendant-Appellant.

Court of Appeals of New Mexico.

June 28, 1977.

Attorney(s) appearing for the Case

Theodore E. Lauer, Lauer & Lauer, Santa Fe, for defendant-appellant.

Toney Anaya, Atty. Gen., Suzanne Tanner, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

WOOD, Chief Judge.

Defendant appeals his convictions of kidnapping and CSP II (Criminal sexual penetration in the second degree). We reverse each conviction, discussing: (1) false imprisonment as a lesser offense included within the kidnapping charge, and (2) amendment of the CSP II charge after the evidence was closed.

False Imprisonment as a Lesser Included Offense Within the Kidnapping Charge...

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