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STATE v. SENA

No. 16072.

736 P.2d 491 (1987)

105 N.M. 686

STATE of New Mexico, Plaintiff-Appellee, v. Herman Jerry SENA, Defendant-Appellant.

Supreme Court of New Mexico.

April 23, 1987.

Attorney(s) appearing for the Case

Jacquelyn Robins, Chief Public Defender, Susan Gibbs, Asst. Appellate Defender, Santa Fe, for defendant-appellant.

Winston Roberts-Hohl, Santa Fe, trial counsel.

Hal Stratton, Atty. Gen., Charles H. Rennick, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

SCARBOROUGH, Chief Justice.

Defendant was convicted of first degree murder, aggravated burglary, and tampering with evidence. He moved for a new trial based on newly discovered evidence — a key prosecution witness recanted subsequent to trial. The trial court denied the motion; defendant appealed. We affirm.

The State relied on the testimony of Elva Martinez (Martinez) and Chris Sena to link defendant to the murder of Ignacita Escudero...

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