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STATE v. FERGUSON

No. 17232.

743 P.2d 113 (1987)

106 N.M. 357

STATE of New Mexico, Petitioner, v. Andrew FERGUSON, Respondent.

Supreme Court of New Mexico.

September 23, 1987.

Attorney(s) appearing for the Case

Hal Stratton, Atty. Gen., Patricia Frieder, Asst. Atty. Gen., Santa Fe, for petitioner.

Jacquelyn Robins, Chief Public Defender, Lynn Fagan, Appellate Defender, Santa Fe, for respondent.

OPINION

SCARBOROUGH, Chief Justice.

This case is before us on certiorari to the Court of Appeals. We reverse the Court of Appeals and the trial court.

Respondent was lawfully confined to the Western New Mexico Correctional Facility following his arrest on charges of burglary and larceny of a clothing store in Truth or Consequences. A co-defendant informed an investigator from the district attorney's office that respondent was wearing a pair of boots...

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