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STATE v. HARTLEY

No. 11321.

565 P.2d 658 (1977)

90 N.M. 488

STATE of New Mexico, Petitioner, v. Alfred A. HARTLEY, Respondent.

Supreme Court of New Mexico.

June 7, 1977.

Attorney(s) appearing for the Case

Toney Anaya, Atty. Gen., Suzanne Tanner, Asst. Atty. Gen., Santa Fe, for petitioner.

Reginald J. Storment, Appellate Defender, Santa Fe, for respondent.

OPINION

EASLEY, Justice.

Defendant was convicted, following jury trial in the District Court of Roosevelt County, of criminal sexual penetration in the first degree and murder in the second degree. The Court of Appeals reversed the convictions and remanded for a new trial. The State petitioned for writ of certiorari, which we granted. We reverse the Court of Appeals.

The only issue before us is whether the Court of Appeals erred in holding, contrary...

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