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STATE v. CURLEY

No. 16788.

939 P.2d 1103 (1997)

123 N.M. 295

1997-NMCA-038

STATE of New Mexico, Plaintiff-Appellee, v. Erwin CURLEY, Defendant-Appellant.

Court of Appeals of New Mexico.

April 10, 1997.

Attorney(s) appearing for the Case

Tom Udall, Attorney General, Steven S. Suttle, Asst. Attorney General, Santa Fe, for Plaintiff-Appellee.

T. Glenn Ellington, Chief Public Defender, Bruce Rogoff, Appellate Defender, Santa Fe, for Defendant-Appellant.

OPINION

PICKARD, Judge.

1. This case requires us to determine: (1) what force suffices to turn a larceny into a robbery and (2) whether there is any view of the evidence pursuant to which that force was not shown. We removed the case from our expedited-bench-decision program because of the importance of the issues involved. See Gracia v. Bittner, 120 N.M. 191, 192, 900 P.2d 351

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