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STATE v. DAY

No. 12500.

617 P.2d 142 (1980)

94 N.M. 753

STATE of New Mexico, Plaintiff-Appellee, v. Michael Marvin DAY, Defendant-Appellant.

Supreme Court of New Mexico.

Rehearing Denied April 2, 1980.

Certiorari to United States Supreme Court Denied October 6, 1980.

Attorney(s) appearing for the Case

Charles E. Driscoll, Albuquerque, for defendant-appellant.

Jeff Bingaman, Atty. Gen., Janice Marie Ahern, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

Certiorari to United States Supreme Court Denied October 6, 1980. See 101 S.Ct. 163.

OPINION

FELTER, Justice.

Defendant, Day, was convicted of aggravated burglary and criminal sexual penetration in the second degree. Because of the inability of the Court of Appeals panel to decide the case, it was certified to this Court for decision on appeal. We affirm the judgment and sentence of the trial court.

Appeals from prior trials upon the same...

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