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Legal Opinion

State v. Ortega

New Mexico Court of Appeals

Decided June 26, 1974No. 1441PublishedCited by 10 opinions

1Opinion of the Court

OPINION

SUTIN, Judge.

Defendants were convicted of three charges of burglary. Section 40A-16-3, N.M.S.A. 1953 (2d Repl.Vol. 6). The structure entered without authority was Vest Pocket Storage. Three separate counts of burglary were charged in the indictment: (1) Vest Pocket Storage, (2) a storage locker rented to Gene’s Janitorial Service, and (3) a storage locker rented to J. M. Livingston.

Defendants contend the trial court erred in overruling defendants’ motion to dismiss counts 2 and 3 of the indictment because they are included in count 1; that there was one unauthorized entry of one…

2Cases cited2 opinions

  1. State v. BurkeSupreme Court of Missouri · 1971
  2. State v. CaseyCourt of Appeals of Oregon · 1970

3Cited by10 opinions

  1. State v. HarrisNew Mexico Court of Appeals · 1984
  2. State v. BarraganNew Mexico Court of Appeals · 2001
  3. State v. SanchezNew Mexico Court of Appeals · 1987
  4. People v. DavisAppellate Court of Illinois · 1977
  5. State v. SotoNew Mexico Court of Appeals · 2001

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