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STATE v. TEN (10) GAMING DEVICES

No. 24,479.

120 P.3d 848 (2005)

138 N.M. 426

2005-NMCA-117

STATE OF NEW MEXICO ex rel. NEW MEXICO GAMING CONTROL BOARD, Plaintiff-Appellant, v. TEN (10) GAMING DEVICES and their contents of $3.25 in United States Currency, and Cortney Gwynne, Kerry Gwynne, Gamer's Choice, and Cecil L. Lunceford, Claimants-Appellees.

Court of Appeals of New Mexico.

Certiorari Granted September 21, 2005.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Santa Fe, NM, Christopher D. Coppin, Assistant Attorney General, Frank A. Baca, Peggy A. Hardwick, Special Assistant Attorneys General, Albuquerque, NM, Richard E. Olson, Roswell, NM, for Appellant.

Richard A. Hawthorne, Richard A. Hawthorne, P.A., Ruidoso, NM, for Appellees.

Certiorari Granted, No. 29,410, September 21, 2005.

OPINION

VIGIL, Judge.

{1} The question presented in this case is whether slot machines in a private home that are not used for illegal gambling are gaming machines or gambling devices and therefore subject to forfeiture because they are not licensed under the Gaming Control Act, NMSA 1978, §§ 60-2E-1 to -62 (1997, as amended through 2003)(Act). The Gaming Control Board (Board) appeals...

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