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STATE v. ERVIN

No. 5085.

630 P.2d 765 (1981)

96 N.M. 366

STATE of New Mexico, Plaintiff-Appellee, v. Christopher ERVIN, Defendant-Appellant.

Court of Appeals of New Mexico.

Writ of Certiorari Denied July 10, 1981.

Attorney(s) appearing for the Case

John B. Bigelow, Chief Public Defender, Lynne C. Corr, Asst. Appellate Defender, Santa Fe, for defendant-appellant.

Jeff Bingaman, Atty. Gen., Reese Fullerton, Asst. Atty. Gen., Santa Fe, for appellee.

OPINION

HENDLEY, Judge.

Convicted of burglary of a dwelling house, defendant appeals. He contends the trial court erred in refusing to grant his motion for a directed verdict because the unoccupied house in question was not a "dwelling house" for purposes of § 30-16-3(A), N.M.S.A. 1978.

Since this case was assigned to the legal calendar, we accept the facts recited in the docketing statement as true. State v. Calanche,

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