State v. Jennings

OPINION

HENDLEY, Judge.

Convicted of attempted breaking and entering, possession of burglary tools, and conspiracy to commit breaking and entering, contrary to NMSA 1978, Sections 30-14-8, 30-16-5, 30-28-1 and -2 (Orig.Pamp. and Cum.Supp.1983), defendants appeal. They assert four grounds for reversal. We discuss insufficient evidence to convict of possession of burglary tools and failure to define burglary or its requisite intent. We answer summarily whether using NMSA 1978, UJI Crim. 16.23 (Repl.Pamp.1982) was improper, and if the sentencing was improper.

We affirm the convictions, affirm…