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STATE v. LOPEZ

No. 4138.

610 P.2d 753 (1980)

STATE of New Mexico, Plaintiff-Appellee, v. Sammy Kenneth LOPEZ aka Sammy K. Lopez, Defendant-Appellant.

Court of Appeals of New Mexico.

Writ of Certiorari Granted February 25, 1980.

Attorney(s) appearing for the Case

John B. Bigelow, Chief Public Defender, Santa Fe, Richard A. Winterbottom, Asst. Public Defender, Mark Shapiro, Asst. App. Defender, Albuquerque, for defendant-appellant.

Jeff Bingaman, Atty. Gen., Sammy J. Quintana, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

SUTIN, Judge.

Defendant was convicted of larceny in violation of § 30-16-1, N.M.S.A. 1978 and appeals. We affirm.

The sole issue on this appeal is whether U.J.I. Crim. 16.00 is erroneous. We believe that it is but we have no authority to declare it so.

Defendant claims that taking another's property "without consent" of the person is an essential element of larceny and lack of consent was omitted from the instruction.

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