STATE v. JOHNSON

No. 7486.

692 P.2d 35 (1984)

STATE of New Mexico, Plaintiff-Appellee, v. Gary Lee JOHNSON, Defendant-Appellant.

Court of Appeals of New Mexico.

September 11, 1984.


Attorney(s) appearing for the Case

Paul Bardacke, Atty. Gen., William McEuen, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

Daniel Rakes, Michael Slosberg, Albuquerque, for defendant-appellant.


OPINION

NEAL, Judge.

Defendant appeals his conviction of demanding or receiving a bribe and criminal sexual penetration in the third degree. He raises the following issues on appeal:

1. That his constitutional right to be free from self-incrimination was violated because the prosecutor made impermissible remarks concerning his failure to testify at trial;

2. That the trial court's refusal to merge Count I, demanding a bribe, and Count II...

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