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STATE v. TRUJILLO

No. 30,563.

289 P.3d 238 (2012)

2012-NMCA-112

STATE of New Mexico, Plaintiff-Appellee, v. Andrew TRUJILLO, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied, November 1, 2012, No. 33,822.

Certiorari Granted, November 2, 2012, No. 33,837.

Attorney(s) appearing for the Case

Gary K. King , Attorney General, Margaret McLean , Assistant Attorney General, Santa Fe, NM, for Appellee.

Jacqueline Cooper , Chief Public Defender, Mary Barket , Assistant Appellate Defender, Santa Fe, NM, for Appellant.

OPINION

BUSTAMANTE, Judge.

{1} Defendant Andrew Trujillo appeals his convictions for aggravated burglary, aggravated battery, conspiracy to commit aggravated burglary, conspiracy to commit aggravated battery, and kidnapping. Defendant argues that the Legislature did not intend to punish as kidnapping restraint or movement that is merely incidental to another crime. We agree and reverse the kidnapping conviction. We also hold that the convictions...

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