STATE v. BARELA

Nos. 5385, 5417.

643 P.2d 287 (1982)

97 N.M. 723

STATE of New Mexico, Plaintiff-Appellee, v. Frankie BARELA, Defendant-Appellant.

Court of Appeals of New Mexico.

March 18, 1982.


Attorney(s) appearing for the Case

Norman D. Bloom, Jr., Fettinger & Bloom, Alamogordo, for defendant-appellant in No. 5385.

John B. Bigelow, Chief Public Defender, David Stafford, Asst. Appellant Defender, Santa Fe, for defendant-appellant in No. 5417.

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


OPINION

WALTERS, Chief Judge.

These are appeals from defendant's conviction of aggravated battery and sentencing as an habitual offender. We have consolidated them for decision. We reverse the conviction on the underlying offense and vacate the habitual sentence.

The issues on the substantive conviction are whether the trial court erred in admitting evidence of an out-of-court identification of defendant...

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