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91 N.M. 5

State v. Paiz

New Mexico Court of Appeals

Decided August 9, 1977

New Mexico Court of Appeals · decided 1977-08-09

Relies on Hampton v. United States · State v. Fiechter

Decided 1977-08-09

LOPEZ, Judge

¶1(specially concurring).

¶2Because of the New Mexico Supreme Court’s decision in State v. Fiechter, 89 N.M. 74, 547 P.2d 557 (1976), we are compelled to find no entrapment as a matter of law. I wholeheartedly endorse the suggestion that the Supreme Court reconsider the rule of Fiechter in light of Hampton v. United States, 425 U.S. 484, 96 S.Ct. 1646, 48 L.Ed.2d 113 (1976). This case presents a classic example of outrageous police conduct which should be classified as entrapment as a matter of law.

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