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STATE v. ARCHUNDE

No. 3377.

579 P.2d 808 (1978)

91 N.M. 682

STATE of New Mexico, Plaintiff-Appellant v. Eloy ARCHUNDE, Defendant-Appellant.

Court of Appeals of New Mexico.

May 9, 1978.

Attorney(s) appearing for the Case

John B. Bigelow, Chief Public Defender, Reginald J. Storment, App. Defender, Santa Fe, Paul Kennedy, New Mexico Public Defender, Albuquerque, for defendant-appellant.

Toney Anaya, Atty. Gen., Charlotte Hetherington Roosen, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

WOOD, Chief Judge.

Convicted of aggravated burglary and criminal sexual penetration in the third degree, defendant appeals. Section 40A-16-4(C), N.M.S.A. 1953 (2d Repl. Vol. 6) and § 40A-9-21(C), N.M.S.A. 1953 (2d Repl. Vol. 6, Supp. 1975). There are two issues: (1) merger, and (2) self-incrimination.

Merger

Section 40A-16-4(C), supra, defines the aggravating factor of...

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