State v. Olloway

OPINION

HENDLEY, Judge.

We proposed summary affirmance on the three issues raised in the docketing statement. The defendant did not consent affirmance on the first two issues, but did contest affirmance on the third issue-sufficiency of the evidence to establish the element of knowledge regarding the charge of receiving stolen property. Section 30-16-11, N.M.S.A.1978.

Subsequently, we recalendared the cause proposing summary reversal. The State contested this proposed action on two grounds. First, that State v. Rhea, 94 N.M. 169, 608 P.2d 145 (1980), “precludes a summary calendar.” We do not…