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STATE v. VALDEZ

No. 4393.

616 P.2d 1121 (1980)

94 N.M. 736

STATE of New Mexico, Plaintiff-Appellee, v. Floyd VALDEZ, Defendant-Appellant.

Court of Appeals of New Mexico.

Rehearing Denied July 16, 1980.

Writ of Certiorari Denied August 29, 1980.

Attorney(s) appearing for the Case

Theodore E. Lauer, Lauer & Mandel, Sante Fe, for defendant-appellant.

Jeff Bingaman, Atty. Gen., Arthur Encinias, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

HENDLEY, Judge.

Convicted of armed robbery with firearm enhancement, defendant appeals. His point as to whether the trial court abused its discretion in denying his counsel adequate time to read the grand jury testimony of the State's first witness before beginning cross-examination is dispositive. We reverse.

On the morning of trial, prior to any proceedings, the trial court stated: "I have with...

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