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STATE v. SANDOVAL

No. 32,149.

258 P.3d 1016 (2011)

2011-NMSC-022

STATE of New Mexico, Plaintiff-Petitioner, v. Timothy SANDOVAL, Defendant-Respondent.

Supreme Court of New Mexico.

May 13, 2011.

Attorney(s) appearing for the Case

Gary K. King , Attorney General, Andrew S. Montgomery , Assistant Attorney General, Santa Fe, NM, for Petitioner.

David Henderson , Attorney at Law, P.C., C. David Henderson , Santa Fe, NM, for Respondent.

OPINION

MAES, Justice.

{1} Timothy Sandoval (Defendant) was convicted of the second-degree murder of Jeff McCormick (McCormick) contrary to NMSA 1978, Section 30-2-1(B) (1994). The central issue at trial was whether, at the time McCormick was shot, he was a mere bystander or an actual participant with the two other men involved in the altercation. The Court of Appeals determined that the self-defense and defense of another jury instructions...

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