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STATE v. SISNEROS

No. 5133.

648 P.2d 318 (1981)

98 N.M. 279

STATE of New Mexico, Plaintiff-Appellee, v. Edward Joe SISNEROS, Defendant-Appellant.

Court of Appeals of New Mexico.

July 23, 1981.

Attorney(s) appearing for the Case

John B. Bigelow, Chief Public Defender, Martha A. Daly, Appellate Defender, Santa Fe, for defendant-appellant.

Jeff Bingaman, Atty. Gen., Carol Vigil, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

HENDLEY, Judge.

Defendant appeals the alteration of his sentence by the trial court. We proposed summary reversal on the basis of the change in his original sentence. The State timely filed a memorandum in opposition, which is not persuasive and overlooks certain facts. We reverse.

Defendant was charged with criminal sexual penetration and kidnapping contrary to § 30-9-11(B) and § 30-4-1, N.M.S.A. 1978. The following items, taken...

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