STATE v. AGUILAR

No. 5580.

650 P.2d 32 (1982)

98 N.M. 510

STATE of New Mexico, Plaintiff-Appellee, v. Ricardo AGUILAR, Defendant-Appellant.

Court of Appeals of New Mexico.

Rehearing Denied August 20, 1982.

Certiorari Denied August 20, 1982.


Attorney(s) appearing for the Case

Dale B. Dilts, Albuquerque, for defendant-appellant.

Jeff Bingaman, Atty. Gen., Heidi Topp Brooks, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

DONNELLY, Judge.

Defendant appeals both his conviction for aggravated assault with a firearm, and the sentence imposed by the trial court. The issues before us are: (1) whether it was fundamental error to allow testimony relating to defendant's possession of a firearm, because the gun and evidence of its seizure had been ordered suppressed; and (2) whether defendant can be required to serve a mandatory prison sentence after he has served in excess...

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