OPINION
STOWERS, Justice.
Defendant Carl Case was tried by jury and convicted in the District Court of Eddy County for one count of first degree murder and one count of criminal sexual penetration in the first degree. The jury did not find the aggravating circumstances of NMSA 1978, subsection 31-20A-5(B) (Repl. Pamp. 1981) that the murder was committed with intent to kill in the commission of criminal sexual penetration. The defendant was sentenced to life...
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