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STATE v. SESSION

No. 3158.

574 P.2d 600 (1978)

91 N.M. 381

STATE of New Mexico, Plaintiff-Appellant, v. Michael SESSION, Defendant-Appellee.

Court of Appeals of New Mexico.

Rehearing Denied January 16, 1978.

Attorney(s) appearing for the Case

Toney Anaya, Atty. Gen., Roderick A. Dorr, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

William D. Teel, Acting Chief Public Defender, Santa Fe, Alice G. Hector, District Public Defender, Mark Shapiro, Asst. Appellate Defender, Albuquerque, for defendant-appellee.

OPINION

WOOD, Chief Judge.

Defendant was charged with receiving stolen property valued over $100.00 but less than $2,500.00. Section 40A-16-11, N.M.S.A. 1953 (2d Repl. Vol. 6, Supp. 1975). The charge was a felony offense. Paragraph E of § 40A-16-11, supra. Defendant moved to dismiss the charge or, in the alternative, to reduce the charge to a misdemeanor. This motion was based on an alleged promise by a police detective. After an evidentiary hearing...

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