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STATE v. CASTILLO

No. 29,641.

252 P.3d 760 (2011)

2011-NMCA-046

STATE of New Mexico, Plaintiff-Appellee, v. Javier J. CASTILLO, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied, April 13, 2011, No. 32,913.

Attorney(s) appearing for the Case

Gary K. King , Attorney General, Anita Carlson , Assistant Attorney General, Santa Fe, NM, for Appellee.

Hugh W. Dangler , Chief Public Defender, Allison H. Jaramillo , Assistant Appellate Defender, Santa Fe, NM, for Appellant.

OPINION

VANZI, Judge.

{1} Defendant was convicted of one count of theft of identity and four felony counts of violating the Remote Financial Service Unit Act (RFSUA), NMSA 1978, Section 58-16-16(B) (1990), after he used a stolen debit card to purchase and attempt to purchase goods at several retail stores. Defendant appeals his convictions, arguing that he should have been charged with a single petty misdemeanor under the fraudulent use of a...

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