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STATE v. CARTER

No. 3934.

601 P.2d 733 (1979)

93 N.M. 500

STATE of New Mexico, Plaintiff-Appellee, v. Donald Martin CARTER, Defendant-Appellant.

Court of Appeals of New Mexico.

September 13, 1979.

Attorney(s) appearing for the Case

Mort Resnick, Albuquerque, for defendant-appellant.

Jeff Bingaman, Atty. Gen., Charlotte Heatherington Roosen, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

LOPEZ, Judge.

Defendant was tried by a jury on an information charging three counts, aggravated burglary, larceny and battery on a police officer. The jury acquitted defendant on count II, the larceny charge, and on count III, the battery charge. He was found guilty of commercial burglary, a lesser included offense to the charge of aggravated burglary. Defendant appeals from this verdict. We affirm.

The issues for decision are: (1) whether...

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