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STATE v. GARCIA

No. 5890.

666 P.2d 1267 (1983)

100 N.M. 120

STATE of New Mexico, Plaintiff-Appellee, v. Mark Vincent GARCIA, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied July 22, 1983.

Attorney(s) appearing for the Case

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

Paul Bardacke, Atty. Gen., Barbara F. Green, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

DONNELLY, Judge.

Defendant appeals his convictions of criminal sexual penetration in the first degree contrary to NMSA 1978, § 30-9-11(A), and kidnapping, contrary to NMSA 1978, § 30-4-1. Seven issues have been raised on appeal. We answer three issues summarily and discuss (1) sufficiency of evidence of kidnapping by deception, (2) claim of error in jury instructions, (3) denial of defendant's motion to suppress, and (4) constitutionality...

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