STATE v. GARVIN

No. 24,299.

117 P.3d 970 (2005)

2005-NMCA-107

STATE of New Mexico, Plaintiff-Appellee, v. Phillip GARVIN, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted August 5, 2005.

Certiorari Denied August 11, 2005.


Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Patricia Gandert, Assistant Attorney General, Santa Fe, NM, for Appellee.

John Bigelow, Chief Public Defender, Laurel A. Knowles, Assistant Appellate Defender, Santa Fe, NM, for Appellant.


Certiorari Granted, No. 29,334, August 5, 2005.

Certiorari Denied, No. 29,337, August 11, 2005.

OPINION

SUTIN, Judge.

{1} Defendant Phillip Garvin, a homeless man, was in line at a local soup kitchen when a man he did not know, who identified himself as Jimmy or Santiago, asked Defendant if he wanted to earn money doing yard work, an offer that Defendant accepted. The man asked Defendant if he had identification, if he would cash a check...

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