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STATE v. OMAR-MUHAMMAD

No. 16026.

737 P.2d 1165 (1987)

105 N.M. 788

STATE of New Mexico Plaintiff-Appellee, v. Ibn OMAR-MUHAMMAD, aka Khayree Omar-Muhammad, aka Loren Jerome Fugett, Defendant-Appellant.

Supreme Court of New Mexico.

May 13, 1987.

Attorney(s) appearing for the Case

Jacquelyn Robins, Chief Public Defender, Kathryn Hormby, Asst. Appellate Defender Santa Fe, for defendant-appellant.

Hal Stratton, Atty. Gen., Anthony Tupler, Asst. Atty Gen., Santa Fe, for plaintiff-appellee.

OPINION

STOWERS, Justice.

Ibn Omar-Muhammad (defendant) appeals from his second conviction of first degree depraved mind murder, pursuant to NMSA 1978, Subsection 30-2-1(A)(3) (Repl. Pamp. 1984), for the death of Allen Gates Cross, a bystander killed when defendant drove through a police roadblock at a speed of approximately 100 miles per hour. Initially, defendant was tried by a jury and convicted of depraved mind murder and three counts of aggravated assault...

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