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STATE v. SOTELO

No. 31,061.

296 P.3d 1232 (2012)

2013-NMCA-028

STATE of New Mexico, Plaintiff-Appellee, v. Jorge Luis SOTELO, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied, January 17, 2013, No. 33,936.

Certiorari Denied, January 22, 2013, No. 33,953.

Attorney(s) appearing for the Case

Gary K. King , Attorney General, Margaret E. McLean , Assistant Attorney General, Joel Jacobsen , Assistant Attorney General, Santa Fe, NM, for Appellee.

Jacqueline L. Cooper , Chief Public Defender, Kimberly Chavez Cook , Assistant Appellate Defender, Santa Fe, NM, for Appellant.

OPINION

BUSTAMANTE, Judge.

{1} Appellant's motion for rehearing is granted. The opinion filed in this case on October 24, 2012, is withdrawn and this Opinion is substituted in its place.

{2} Defendant appeals his convictions for kidnapping, battery on a household member, and intimidation of a witness on grounds that (1) the district court erred in denying an instruction on the lesser-included offense of false imprisonment...

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