STATE v. MAESTAS

No. 13080.

622 P.2d 240 (1981)

95 N.M. 335

STATE of New Mexico, Plaintiff-Appellee, v. Oliver Christobal MAESTAS, Defendant-Appellant.

Supreme Court of New Mexico.

January 16, 1981.


Attorney(s) appearing for the Case

Martha A. Daly, Appellate Defender, Melanie S. Kenton, Asst. Appellate Defender, Santa Fe, for defendant-appellant.

Jeff Bingaman, Atty. Gen., Clare E. Mancini, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

FEDERICI, Justice.

This is a direct appeal from the defendant's conviction of first degree murder of Richard Horton (Count I) and the second degree murder with the use of a firearm of Rick Russell (Count II). Only the error as to Count II involving the death of Rick Russell is raised and presented by defendant and it is the only issue which will be reviewed by this Court.

The question on appeal involves the claimed error by the trial court...

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