STATE v. BEACHUM

No. 5130.

643 P.2d 246 (1981)

97 N.M. 682

STATE of New Mexico, Plaintiff-Appellant, v. Ronald BEACHUM, Defendant-Appellee.

Court of Appeals of New Mexico.

Rehearing Denied December 2, 1981.

Writ of Certiorari Quashed March 26, 1982.


Attorney(s) appearing for the Case

Jeff Bingaman, Atty. Gen., Marcia E. White, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

John B. Bigelow, Chief Public Defender, Martha A. Daly, Asst. Appellate Defender, Santa Fe, Michael L. Stout, Dist. Public Defender, Roswell, for defendant-appellee.


OPINION

DONNELLY, Judge.

This interlocutory appeal stems from an order of the trial court granting a motion to suppress certain testimony of a complaining witness in a criminal proceeding. Defendant, Ronald Beachum, was charged with two counts of criminal sexual penetration in the first degree and one count each of aggravated burglary and armed robbery.

The prosecutrix was awakened during the early morning hours of July 8, 1980 by a male intruder...

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