State v. Watkins

OPINION

PICKARD, Judge.

{1} Defendant appeals his convictions for two counts of receiving stolen property (retention). We issued a notice proposing to affirm, and Defendant filed a memorandum in opposition. Although this case is assigned to our summary calendar, we are issuing a formal opinion to clarify that the Supreme Court decision in State v. Alvarez-Lopez, 2004-NMSC-030, 136 N.M. 309, 98 P.3d 699 requires that we overrule the holding in State v. Smith, 100 N.M. 352, 356, 670 P.2d 963, 967 (Ct.App.1983), regarding whether a defendant’s possession or retention of a stolen firearm is a…