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STATE v. MELENDEZ

No. 13569.

643 P.2d 607 (1982)

97 N.M. 738

STATE of New Mexico, Petitioner, v. Orlando Lorenzo MELENDEZ, Respondent.

Supreme Court of New Mexico.

March 22, 1982.

Attorney(s) appearing for the Case

Jeff Bingaman, Atty. Gen., Clare E. Mancini, Asst. Atty. Gen., Santa Fe, for petitioner.

Hunt & Currier, Tandy L. Hunt, Roswell, for respondent.

OPINION

EASLEY, Chief Justice.

Melendez, charged with murder, pled self-defense, but the jury found him guilty of voluntary manslaughter. The Court of Appeals reversed on four issues, ordering Melendez to be discharged from custody. The State petitioned for certiorari on one issue, and we reverse the Court of Appeals as to that issue.

The issue: When the jury failed to acquit Melendez on his self-defense plea, is a voluntary manslaughter conviction...

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