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STATE v. RODRIGUEZ

No. 7494.

679 P.2d 1290 (1984)

101 N.M. 192

STATE of New Mexico, Plaintiff-Appellant, v. Mardur RODRIGUEZ, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied April 25, 1984.

Attorney(s) appearing for the Case

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

Janet Clow, Chief Public Defender, Lynne Corr, Asst. Appellate Defender, Santa Fe, for defendant-appellee.

OPINION

BIVINS, Judge.

Pursuant to NMSA 1978, § 39-3-3(B)(1) the State appeals from a district court order dismissing a charge of burglary against defendant. The sole issue on appeal is whether reaching into the bed of a pickup truck with the intent to commit a felony may constitute a burglary within the meaning of NMSA 1978, § 30-16-3.

The record indicates that the State charged defendant with burglary and larceny after the victim saw...

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