STATE v. MARTINEZ

No. 21,861.

34 P.3d 643 (2001)

131 N.M. 254

2001-NMCA-099

STATE of New Mexico, Plaintiff-Appellee, v. Jake MARTINEZ, Defendant-Appellant.

Court of Appeals of New Mexico.

October 16, 2001.


Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, M. Anne Kelly, Assistant Attorney General, Albuquerque, NM, for Appellee.

Phyllis H. Subin, Chief Public Defender, Nancy M. Hewitt, Assistant Appellate Defender, Santa Fe, NM, for Appellant.


OPINION

WECHSLER, Judge.

{1} Defendant Jake Martinez appeals his conviction of fraudulent use of a credit card in violation of NMSA 1978, § 30-16-33 (1971). There was evidence at trial that Defendant had used a stolen electronic benefits transfer (EBT) card issued to a public assistance recipient at a grocery store. Defendant contends that the EBT card is not a credit card as defined in NMSA 1978, § 30-16-25(B) (1999) and that, therefore...

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