State v. Miller

OPINION

WOOD, Chief Judge.

Defendant appeals his conviction of receiving stolen property. Section 30-16-11, N.M.S.A.1978. The trial court did not err in admitting evidence of a transaction, similar to the one for which defendant was prosecuted, under Evidence Rule 404(b). The similarity was such that the transaction went to defendant’s intent, preparation, plan and knowledge, and the absence of mistake or accident. The issue for discussion involves the propriety of the cross-examination of defendant concerning specific instances of conduct. The applicable Evidence Rule is 608(b).

The tape of the…