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STATE v. MONTOYA

No. 14996.

684 P.2d 510 (1984)

101 N.M. 424

STATE of New Mexico, Plaintiff-Appellee, v. Richard J. MONTOYA, Defendant-Appellant.

Supreme Court of New Mexico.

July 23, 1984.

Attorney(s) appearing for the Case

Winston Roberts-Hohl, Santa Fe, Arturo J. Gallegos, Grace B. Duran, Las Cruces, for defendant-appellant.

Paul Bardacke, Atty. Gen., William Lazar, Carol Vigil, Asst. Atty. Gens., Santa Fe, for plaintiff-appellee.

OPINION

STOWERS, Justice.

Richard J. Montoya (defendant) was tried by jury and convicted of first degree felony-murder and armed robbery of Robert P. Larson. The jury, pursuant to NMSA 1978, Section 31-20A-5(A) (Repl.Pamp. 1981) unanimously found that the victim was a peace officer who was performing the lawful discharge of his duties at the time of the murder. However, the jury was unable to unanimously agree that defendant be sentenced to death pursuant...

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