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STATE v. JOHNSON

No. 9005.

722 P.2d 681 (1986)

104 N.M. 430

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

Court of Appeals of New Mexico.

Certiorari Denied July 23, 1986.

Attorney(s) appearing for the Case

Paul Bardacke, Atty. Gen., Bill Primm, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

Ken Cullen, Albuquerque, for defendant-appellant.

OPINION

DONNELLY, Judge.

Defendant appeals his conviction of one count of distribution of obscene material in violation of Curry County Ordinance 85-3. Three issues are presented on appeal: (1) denial of admission of defendant's exhibit; (2) denial of tendered instruction; and (3) imposition of a greater sentence following trial de novo in district court. We affirm.

Defendant was arrested and charged with the distribution of sexually-explicit publications...

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