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STATE v. FAIRBANKS

No. 22,996.

82 P.3d 954 (2003)

134 N.M. 783

2004-NMCA-005

STATE of New Mexico, Plaintiff-Appellee, v. Jeffrey FAIRBANKS, Defendant-Appellant.

Court of Appeals of New Mexico.

October 8, 2003.

Attorney(s) appearing for the Case

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

John B. Bigelow, Chief Public Defender, Jennifer Byrns, Assistant Appellate Defender, Santa Fe, NM, for Appellant.

OPINION

BUSTAMANTE, Judge.

{1} Defendant appeals from an Order of Conditional Discharge, which required him to pay a $75 crime lab fee. NMSA 1978, Section 30-31-28 (1972) (governing conditional discharges). The sole issue on appeal is whether the district court properly assessed the crime lab fee pursuant to NMSA 1978, Section 31-12-8 (1988) (crime lab fee statute). We reverse.

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