State v. Andrada

OPINION

WOOD, Judge.

Convicted of aggravated burglary, § 40A-16-4, N.M.S.A.1953 (Repl.Vol. 6), defendants appeal. The issues concern: (1) severance; (2) lesser included offenses; (3) evidence of intent; (4) the instruction on intent; and (5) the failure to strike an allegedly unresponsive and prejudicial answer of a witness.

Motion for severance.

Both defendants moved for a severance. Baca’s motion claimed that his defense would be in direct conflict with Andrada’s defense; that a joint trial would effectively deprive Baca of the opportunity to present an effective defense. Andrada’s motion…