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STATE v. HERNANDEZ

No. 19,089.

987 P.2d 1156 (1999)

127 N.M. 769

1999-NMCA-105

STATE of New Mexico, Plaintiff-Appellee, v. Mateo HERNANDEZ, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied July 28, 1999.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Patricia Gandert, Ass't Attorney General, Santa Fe, for Appellee.

John A. McCall Law Office of John A. McCall, Albuquerque, for Appellant.

OPINION

PICKARD, Chief Judge.

{1} Defendant was convicted, after a bench trial, of breaking and entering, NMSA 1978, § 30-14-8 (1981), false imprisonment, NMSA 1978, § 30-4-3 (1963), and aggravated battery, NMSA 1978, § 30-3-5 (1969). He now appeals, claiming that the trial court improperly admitted evidence and erred in finding him guilty of breaking and entering as a lesser-included offense...

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