OPINION
WALTERS, Chief Judge.
Although originally charged with aggravated burglary, contrary to NMSA 1978, § 30-16-4(C), defendant was convicted of breaking and entering in violation of NMSA 1978, § 30-14-8 (Cum.Supp. 1982). His docketing statement raised two issues upon which we proposed summary affirmance. NMSA 1978, Crim., Child.Ct., Dom. Rel. & W/C App.R. 207 (Spec.Supp. 1983). His timely memorandum in opposition does not contest the proposed...
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