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.



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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