OPINION
WALTERS, Chief Judge.
Defendant appealed his conviction of commercial burglary, contrary to § 30-16-3(B), N.M.S.A. 1978, raising three issues in his docketing statement. We placed the cause on our summary calendar with affirmance proposed. Defendant has now responded with a timely memorandum in opposition to our proposed disposition of two of the issues; the third issue was abandoned. State v. Martinez, 97 N.M. 585,
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