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STATE v. LEYBA

No. 4097.

600 P.2d 312 (1979)

93 N.M. 366

STATE of New Mexico, Plaintiff-Appellant, v. Connie LEYBA and Veronica Carrillo, Defendants-Appellees.

Court of Appeals of New Mexico.

August 23, 1979.

Attorney(s) appearing for the Case

Jeff Bingaman, Atty. Gen., Michael E. Sanchez, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

Mary Jo Snyder, Santa Fe, for defendants-appellees.

OPINION

WALTERS, Judge.

Defendants were indicted by the grand jury for shoplifting in violation of § 30-16-20, and for conspiracy, in violation of § 30-28-2, N.M.S.A. 1978. The trial court dismissed the charge of conspiracy on the ground that § 30-16-20 C expressly prohibits charging a separate or additional offense if it arises out of the same transaction upon which the shoplifting charge is based. The State contends the trial court misconstrued...

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