STATE v. MILLER

No. 3824.

590 P.2d 1175 (1979)

92 N.M. 520

STATE of New Mexico, Plaintiff-Appellee, v. Richard MILLER, Defendant-Appellant.

Court of Appeals of New Mexico.

January 25, 1979.


Attorney(s) appearing for the Case

Hank Farrah, Albuquerque, for defendant-appellant.

Jeff Bingaman, Atty. Gen., Santa Fe, Lawrence A. Gamble, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

WOOD, Chief Judge.

Defendant appeals his conviction of receiving stolen property. Section 30-16-11, N.M.S.A. 1978. The trial court did not err in admitting evidence of a transaction, similar to the one for which defendant was prosecuted, under Evidence Rule 404(b). The similarity was such that the transaction went to defendant's intent, preparation, plan and knowledge, and the absence of mistake or accident. The issue for discussion involves the...

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