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STATE v. SUTPHIN

No. 29,387.

164 P.3d 72 (2007)

2007-NMSC-045

STATE of New Mexico, Plaintiff-Appellant, v. Kevin SUTPHIN, Defendant-Appellee.

Supreme Court of New Mexico.

Rehearing Denied July 27, 2007.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, Martha Anne Kelly, Assistant Attorney General, Santa Fe, NM for Appellant.

Inocente, P.C., Brian A. Pori, Albuquerque, NM for Appellee.

OPINION

CHÁVEZ, Chief Justice.

{1} We are again presented with the opportunity to clarify that a petitioner may raise issues in a petition for a writ of habeas corpus that could have been raised on appeal, but that such issues are reviewed for fundamental error. In this case, notwithstanding two errors in the jury instructions, we conclude that fundamental error did not occur at Petitioner Kevin Sutphin's trial. We thus reverse the district...

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