State v. Sanchez

OPINION

WOOD, Chief Judge.

Defendant appeals his conviction of an attempt to commit armed robbery. Section 40A-28-1, N.M.S.A.1953 (2d Repl. Vol. 6) and § 40A-16-2, N.M.S.A.1953 (2d Repl. Vol. 6, Supp.1973). He complains of remarks made by the prosecutor in the prosecution’s final argument to the jury. We discuss two issues: (1) whether the issue was raised in the trial court, and (2) whether the plain error rule applies to the remarks.

Whether Issue Raised in the Trial Court

During final argument, the prosecutor stated: “The defense attorney brought up the constitutional rights of Mr. Sanchez. I…