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STATE v. HERRERA

No. 3238.

582 P.2d 384 (1978)

STATE of New Mexico, Plaintiff-Appellee, v. Timothy Jerome HERRERA, Defendant-Appellant.

Court of Appeals of New Mexico.

Writ of Certiorari Denied May 25, 1978.

Attorney(s) appearing for the Case

Lynn Pickard, Pickard & Singleton, Santa Fe, for defendant-appellant.

Toney Anaya, Atty. Gen., Don Montoya, Asst. Atty. Gen., C. Richard Baker, Deputy Dist. Atty., Santa Fe, for plaintiff-appellee.

OPINION

WOOD, Chief Judge.

Defendant was convicted of kidnapping in the second degree, four counts of criminal sexual penetration in the second degree (two of sexual intercourse, one of anal intercourse and one of fellatio) and robbery. We answer two of the appellate issues summarily. We discuss § 40A-9-26, N.M.S.A. 1953 (2d Repl. Vol. 6, Supp. 1975) and how it was applied in this case. This discussion involves...

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