New Mexico Court of Appeals November 18, 1982, 5771 (State v. Luna)

OPINION

DONNELLY, Judge.

Does a person arm himself with a deadly weapon for purposes of prosecution for aggravated burglary contrary to § 30-16-4(B), N.M.S.A.1978, when he steals unloaded guns? We hold that he does.

The State appeals an order of the trial court which dismissed an aggravated burglary count against the defendants Frank Luna and Alvino S. Chacon.