New Mexico Court of Appeals July 5, 1983, 7242 (State v. Rael)

OPINION

WALTERS, Chief Judge.

Although originally charged with aggravated burglary, contrary to NMSA 1978, § 30-16-4(C), defendant, was convicted of breaking and entering in violation of NMSA 1978, § 30-14-8 (Cum.Supp.1982). His docketing statement raised two issues upon which we proposed summary affirmance. NMSA 1978, Crim., Child.Ct., Dom. Rel. & W/C App.R. 207 (Spec.Supp.1983).