O'KELLY v. STATE

No. 12621.

607 P.2d 612 (1980)

94 N.M. 74

James O'KELLY, Petitioner, v. STATE of New Mexico, Respondent.

Supreme Court of New Mexico.

March 3, 1980.


Attorney(s) appearing for the Case

Juliana Scott, Albuquerque, for petitioner.

Jeff Bingaman, Atty. Gen., Sammy Lawrence Pacheco, Asst. Atty. Gen., Santa Fe, for respondent.


OPINION

FELTER, Justice.

Defendant was convicted of shoplifting of property worth more than $100.00 but less than $2,500.00. From an affirmance by the Court of Appeals, a petition for certiorari was granted by this Court. We reverse the decision of the Court of Appeals and the judgment and sentence of the trial court.

Our view of the issues involved in this case is correctly set forth in an opinion by Judge Sutin, which was rejected by the majority...

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