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STATE v. WAITS

No. 3654.

587 P.2d 53 (1978)

92 N.M. 275

STATE of New Mexico, Plaintiff-Appellee, v. Jimmy Lee WAITS, Defendant-Appellant.

Court of Appeals of New Mexico.

November 7, 1978.

Attorney(s) appearing for the Case

Paquin M. Terrazas, Terrazas & Dorr, P.A., Santa Fe, for defendant-appellant.

John Humphrey, Jr., Trial Counsel, Lovington.

Toney Anaya, Atty. Gen., Lawrence A. Gamble, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

HENDLEY, Judge.

Convicted of receiving stolen property contrary to § 40A-16-11(E), N.M.S.A. 1953 (2d Repl. Vol. 6, 1972, Supp. 1975), defendant appeals. He contends that:

"THE TRIAL COURT ERRED IN ADMITTING THE PRELIMINARY HEARING TESTIMONY OF A CRITICAL WITNESS FOR THE STATE WHEN THERE WAS AN INSUFFICIENT SHOWING THAT THE WITNESS WAS UNAVAILABLE, THEREBY DENYING THE DEFENDANT HIS CONSTITUTIONAL RIGHT TO CONFRONT AND CROSS-EXAMINE WITNESSES...

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