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STATE v. MIRABAL

No. 5564.

645 P.2d 1386 (1982)

98 N.M. 130

STATE of New Mexico, Plaintiff-Appellee, v. Meliton MIRABAL, Defendant-Appellant.

Court of Appeals of New Mexico.

May 20, 1982.

Attorney(s) appearing for the Case

Michael R. Gernsheimer, Santa Fe, for defendant-appellant.

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

OPINION

LOPEZ, Judge.

Defendant appeals his conviction of robbery under § 30-16-2, N.M.S.A. 1978. His sentence was enchanced under § 31-18-16.1, N.M.S.A. 1978 (1981 Repl.Pamph.), which increases the sentence for commission of a non-capital felony in which a person sixty years of age or older is intentionally injured.

The sole issue presented by the defendant for reversal is that the trial court erred in failing to grant the defendant's...

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