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STATE v. BACA

No. 4497.

619 P.2d 1249 (1980)

STATE of New Mexico, Plaintiff-Appellee, v. Bernardo BACA, Defendant-Appellant.

Court of Appeals of New Mexico.

Writ of Certiorari Denied October 6, 1980.

Attorney(s) appearing for the Case

John B. Bigelow, Chief Public Defender, Martha A. Daly, Asst. Appellate Defender, Santa Fe, for defendant-appellant.

Jeff Bingaman, Atty. Gen., Art Encinias, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

WALTERS, Judge.

The defendant concedes, in his appeal from the trial court's finding of competency, that the quantum of proof required in redetermining competency is "preponderance of the evidence." We agree. State v. Santillanes, 91 N.M. 721, 580 P.2d 489 (Ct. App. 1978). The only question raised is whether that determination is to be made by a jury, if requested, or by the...

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