New Mexico Court of Appeals August 19, 1986, 8904 (State v. Johnson)

OPINION

DONNELLY, Judge.

Defendant appeals his convictions of twelve counts of fraud, one count of conspiracy, and one count of racketeering. We discuss defendant’s claims of error as to: (1) failure of proof; (2) denial of mistrial; (3) unconstitutionality of the Racketeering Act, NMSA 1978, Sections 30-42-1 to -6 (Repl.Pamp.1980); (4) propriety of jury instruction; and (5) mistake in sentencing.