STATE v. LUNA

No. 3757.

594 P.2d 340 (1979)

STATE of New Mexico, Plaintiff-Appellee, v. Joseph LUNA, Defendant-Appellant.

Court of Appeals of New Mexico.

April 5, 1979.


Attorney(s) appearing for the Case

David G. Gilbert, Albuquerque, for defendant-appellant.

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


OPINION

ANDREWS, Judge.

Following a jury trial in Bernalillo County District Court, defendant was convicted of robbery and conspiracy and acquitted of aggravated battery. Defendant, appellant here, was one of four occupants in a car when another passenger left the car and committed a robbery. The central question is whether the defendant was merely present in the vehicle at the time of the offense or whether he...

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