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STATE v. VALLEJOS

No. 5637.

653 P.2d 174 (1982)

STATE of New Mexico, Plaintiff-Appellee, v. Phillip Herman VALLEJOS, Defendant-Appellant.

Court of Appeals of New Mexico.

Rehearing Denied November 5, 1982.

Certiorari Denied November 5, 1982.

Attorney(s) appearing for the Case

Thomas J. Horne, P.C., Albuquerque, for defendant-appellant.

Jeff Bingaman, Atty. Gen., Santa Fe, Eddie Michael Gallegos, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

WOOD, Judge.

Defendant was convicted of commercial burglary, § 30-16-3, N.M.S.A. 1978, and larceny over $100.00 but not more than $2,500.00, § 30-16-1, N.M.S.A. 1978 (1982 Cum.Supp.). His appeal raises issues concerning: (1) statements by defendant after his arrest; and (2) the prosecutor's reference, in closing argument, to the failure of defense witnesses to testify.

Statements After Arrest

Defendant and Hern...

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