State v. Lara

OPINION

WOOD, Chief Judge.

Convicted of burglary and larceny, defendant appeals. Two contentions are answered summarily. The photographic identification procedure was not impermissibly suggestive under the totality of the circumstances. State v. Armstrong, 85 N.M. 234, 511 P.2d 560 (Ct.App.1973); State v. Jones, 83 N.M. 600, 495 P.2d 380 (Ct.App.1972). The refusal to give defendant’s requested instruction on alibi was not error. The Use Note to U.J.I.Crim. 41.30 states that no instruction on the subject shall be given. See State v. Scott, 90 N.M. 256, 561 P.2d 1349 (Ct.App.1977); compare State…