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STATE v. GONZALES

No. 5958.

663 P.2d 710 (1983)

STATE of New Mexico, Plaintiff-Appellee, v. Ruben GONZALES, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied May 17, 1983.

Attorney(s) appearing for the Case

Paul G. Bardacke, Atty. Gen., Heidi Topp Brooks, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

Janet Clow, Chief Public Defender, J. Thomas Sullivan, Asst. Public Defender, Santa Fe, for defendant-appellant.

OPINION

DONNELLY, Judge.

The previous opinion in this case is withdrawn and the following is substituted.

Defendant appeals from his conviction of embezzlement contrary to § 30-16-8, N.M.S.A. 1978, following a trial by jury. The sole issue asserted on appeal is whether the trial court's denial of his requested jury instruction on mistake of fact, N.M.U.J.I. Crim. 41.15, N.M.S.A. 1978 (1982 Repl. Pamph.), was reversible error. Other issues listed...

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