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STATE v. FELLHAUER

No. 16773.

943 P.2d 123 (1997)

123 N.M. 476

1997-NMCA-064

STATE of New Mexico, Plaintiff-Appellee, v. Frank FELLHAUER, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied July 24, 1997.

Attorney(s) appearing for the Case

Tom Udall, Attorney General, M. Anne Wood, Assistant Attorney General, Santa Fe, for Plaintiff-Appellee.

T. Glenn Ellington, Chief Public Defender, Susan Roth, Assistant Appellate Defender, Santa Fe, for Defendant-Appellant.

OPINION

BUSTAMANTE, Judge.

1. In this case of first impression in New Mexico, Defendant Frank Fellhauer (Defendant) appeals the trial court's refusal to grant him presentence confinement credit for time spent under "house arrest." Deciding that Defendant's house arrest should not be deemed official confinement under NMSA 1978, Section 31-20-12 (Repl.Pamp.1994), we affirm.

FACTS AND PROCEEDINGS

2. Defendant was indicted on...

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