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STATE v. MARTINEZ

No. 3630.

626 P.2d 1292 (1979)

95 N.M. 795

STATE of New Mexico, Plaintiff-Appellee, v. Linda MARTINEZ, Defendant-Appellant.

Court of Appeals of New Mexico.

August 21, 1979.

Attorney(s) appearing for the Case

Jeff Bingaman, Atty. Gen., Charlotte Hetherington Roosen, Janice M. Ahern, Asst. Attys. Gen., Santa Fe, for plaintiff-appellee.

Joseph A. Sommer, Sommer, Lawler & Scheuer, P.A., Santa Fe, for defendant-appellant.

OPINION

LOPEZ, Judge.

Four of the five counts of the indictment charge fraud over $2,500 in violation of § 30-16-6, N.M.S.A. 1978. The remaining count charges conspiracy to defraud contrary to § 30-28-2, N.M.S.A. 1978. Defendant received a directed verdict as to the conspiracy charge and one of the fraud charges. After deliberation, the jury found defendant guilty of two of the remaining fraud counts (counts I and IV). The trial court set aside...

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