STATE v. JOHNSON

No. 22,890.

92 P.3d 13 (2004)

135 N.M. 567

2004-NMCA-058

STATE of New Mexico, Plaintiff-Appellee, v. Richard JOHNSON, Defendant-Appellant.

Court of Appeals of New Mexico.

March 15, 2004.


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, Trace L. Rabern, Assistant Appellate Defender, Santa Fe, NM, for Appellant.


OPINION

CASTILLO, Judge.

{1} Defendant Richard Johnson appeals his conviction of criminal damage to property on two grounds: (1) that the trial court erred in denying his motion to suppress the out-of-court and in-court identifications by two witnesses and (2) that the trial court impermissibly sentenced him to thirty days of jail time for his failure to admit guilt at sentencing. We hold that the trial court improperly denied Defendant's suppression...

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