STATE v. SANCHEZ

No. 5760.

652 P.2d 1232 (1982)

98 N.M. 781

STATE of New Mixico, Plaintiff-Appellee, v. Charles SANCHEZ, Defendant-Appellant.

Court of Appeals of New Mexico.

October 14, 1982.


Attorney(s) appearing for the Case

Joseph N. Riggs, III, Albuquerque, for defendant-appellant.

Jeff Bingaman, Atty. Gen., Eddie M. Gallegos, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

WALTERS, Chief Judge.

This is an appeal from defendant's conviction on five counts of homicide by vehicle, contrary to § 66-8-101, N.M.S.A. 1978. He asserts two appellate issues in his brief: (A) ineffective assistance of counsel, and (B) erroneous admission of a blood alcohol test result because it lacked a proper foundation. The first issue was not listed in the docketing statement but is fundamental error, if meritorious. State v. Lucero...

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