STATE v. MONTOYA

No. 3345.

575 P.2d 609 (1978)

91 N.M. 425

STATE of New Mexico, Plaintiff-Appellee, v. Daniel Alfonso MONTOYA, Defendant-Appellant.

Court of Appeals of New Mexico.

Rehearing Denied January 30, 1978.

Writ of Certiorari Denied February 27, 1978.


Attorney(s) appearing for the Case

William D. Teel, Acting Chief Public Defender, Alice G. Hector, Dist. Public Defender, Mark H. Shapiro, Asst. App. Defender, Albuquerque, for defendant-appellant.

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


OPINION

WOOD, Chief Judge.

Defendant was convicted of residential burglary. Our calendar assignment proposed summary affirmance. Defendant's memorandum opposes summary affirmance as to one issue. That issue involves the presentence report. The presentence report includes a listing of defendant's arrests which did not result in convictions. Defendant claims the inclusion of such arrests violated due process. Defendant's memorandum states that subsequent to...

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