STATE v. LUNA

No. 5771.

653 P.2d 1222 (1982)

STATE of New Mexico, Plaintiff-Appellant, v. Frank LUNA and Alvino S. Chacon, Defendants-Appellees.

Court of Appeals of New Mexico.

As Amended October 7, 1982.

Certiorari Quashed November 18, 1982.


Attorney(s) appearing for the Case

Jeff Bingaman, Atty. Gen., William Lazar, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

Mary Lou Carson, Tierra Amarilla, for defendants-appellees.


OPINION

DONNELLY, Judge.

Does a person arm himself with a deadly weapon for purposes of prosecution for aggravated burglary contrary to § 30-16-4(B), N.M.S.A. 1978, when he steals unloaded guns? We hold that he does.

The State appeals an order of the trial court which dismissed an aggravated burglary count against the defendants Frank Luna and Alvino S. Chacon. Defendants were each charged with aggravated burglary, § 30-16-4(B), supra...

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