GONZALES v. STATE

No. 12954.

612 P.2d 1306 (1980)

94 N.M. 495

Paul GONZALES, Petitioner, v. STATE of New Mexico, Respondent.

Supreme Court of New Mexico.

June 23, 1980.


Attorney(s) appearing for the Case

William H. Lazar, El Rito, for petitioner.

Jeff Bingaman, Atty. Gen., Santa Fe, for respondent.


OPINION

FEDERICI, Justice.

Petitioner-defendant was charged with aggravated battery with a deadly weapon and found guilty. The Court of Appeals affirmed. Defendant filed a petition for writ of certiorari with this Court. We reverse.

The issue presented on appeal and by the writ of certiorari is whether the prosecutor's closing argument included a comment on defendant's failure to testify in violation of defendant's rights under the Fifth Amendment...

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