STATE v. DAVIS

No. 20,256.

14 P.3d 38 (2000)

129 N.M. 773

2000-NMCA-105

STATE of New Mexico, Plaintiff-Appellee, v. Robert DAVIS, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied November 17, 2000.


Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Ann M. Harvey, Assistant Attorney General, Santa Fe, NM, For Appellee.

Phyllis H. Subin, Chief Public Defender, Christopher Bulman, Appellate Defender, Santa Fe, NM, For Appellant.


Certiorari Denied, No. 26,629, November 17, 2000.

OPINION

ELLINGTON, Judge.

{1} Defendant appeals his conviction of one count of larceny over $250, a fourth degree felony under NMSA 1978, § 30-16-1 (1987). As part of a conditional plea, Defendant reserved the right to argue on appeal that he should have been charged instead with the more specific offense of cheating a machine or device, a petty misdemeanor under NMSA 1978, § 30-16...

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