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STATE v. VOLPATO

No. 15306.

696 P.2d 471 (1985)

102 N.M. 383

STATE of New Mexico, Plaintiff-Appellee, v. Johnny VOLPATO, Defendant-Appellant.

Supreme Court of New Mexico.

Rehearing Denied March 6, 1985.

Attorney(s) appearing for the Case

Leon Taylor, Daniel Rakes, Albuquerque, for defendant-appellant.

Paul Bardacke, Atty. Gen., Anthony Tupler, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

SOSA, Senior Justice.

Johnny Volpato was convicted of the first degree murder of his wife. His conviction was affirmed by this Court in an unpublished decision. State v. Volpato, S.Ct. No. 13,978 (Filed June 30, 1982). Volpato subsequently initiated a motion for a new trial pursuant to NMSA 1978, Crim.P. Rule 45 (Repl.Pamp. 1980). Volpato appeals the district court denial of this motion. The sole issue is whether a new trial should have been...

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