STATE v. SAIZ

No. 3867.

595 P.2d 414 (1979)

92 N.M. 776

STATE of New Mexico, Plaintiff-Appellee, v. Albert SAIZ, Defendant-Appellant.

Court of Appeals of New Mexico.

May 1, 1979.


Attorney(s) appearing for the Case

John B. Bigelow, Chief Public Defender, Michael J. Dickman, Asst. Appellate Defender, Santa Fe, for defendant-appellant.

Jeff Bingaman, Atty. Gen., Sammy J. Quintana, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

WOOD, Chief Judge.

Defendant appeals his conviction of shop-lifting merchandise valued over $100. Section 30-16-20, N.M.S.A. 1978. We proposed summary affirmance; however, the appeal was reassigned to the limited calendar as to one issue. N.M.Crim.App. 207(d). The issue involves the propriety of the prosecutor's comment to the grand jury. The comment was:

This case was before you on a previous hearing. It was dismissed by Judge Baiamonte...

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