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STATE v. BACA

No. 32,553.

331 P.3d 971 (2014)

2014-NMCA-087

STATE of New Mexico, Plaintiff-Appellee, v. Billy BACA, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted, August 1, 2014, No. 34,769.

Attorney(s) appearing for the Case

Gary K. King , Attorney General, Santa Fe, NM, Sri Mullis , Assistant Attorney General, Albuquerque, NM, for Appellee.

Jorge A. Alvarado , Chief Public Defender, David Henderson , Assistant Appellate Defender, Santa Fe, NM, for Appellant.

OPINION

FRY, Judge.

{1} Defendant was convicted of commercial burglary following his participation in a shoplifting incident inside a Costco. Defendant appeals his conviction, arguing, in part, that entry into a retail store with the intention to shoplift does not constitute the crime of burglary. We agree with Defendant and conclude that the entry in this case was not an unauthorized entry under our burglary statute. Accordingly, we reverse...

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