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STATE v. BYBEE

No. 11205.

781 P.2d 316 (1989)

109 N.M. 44

STATE of New Mexico, Plaintiff-Appellee, v. Ricky BYBEE, a/k/a Ricky Frame, Defendant-Appellant.

Court of Appeals of New Mexico.

August 17, 1989.

Attorney(s) appearing for the Case

Hal Stratton, Atty. Gen., Charles H. Rennick, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

Jacquelyn Robins, Chief Public Defender, Susan Gibbs, Appellate Defender, Santa Fe, Calvin R. Neumann, District Public Defender, Clovis, for defendant-appellant.

OPINION

DONNELLY, Judge.

Defendant was charged with three counts of burglary of soft drink vending machines located outside a grocery store. He subsequently entered a plea of nollo contendre to one charge of burglary, and the other charges were dismissed. Defendant specifically reserved, however, the right to appeal the trial court's denial of his motion to dismiss the burglary charges. The dispositive issue is whether a soft drink vending machine constitutes...

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