State v. Watkins

OPINION

WOOD, Chief Judge.

Convicted of conspiracy to commit burglary and burglary, defendant appeals. Sections 40A-28-2 and 40A-16-3, N.M.S.A. 1953 (2d Repl.Vol. 6).

Defendant asserts he cannot be convicted of both crimes because they are in effect either the same crime or are so similar that multiple convictions are prohibited. We need not discuss defendant’s various theories because the contention ignores the facts. The evidence is that the conspiracy was entered on the evening of November 16th and the conspirators unsuccessfully attempted to carry out the conspiracy at 10:30 p. m. of that…