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STATE v. CHEADLE

No. 16919.

744 P.2d 166 (1987)

STATE of New Mexico, Plaintiff-Appellant, v. David Leon CHEADLE, Defendant-Appellee.

Supreme Court of New Mexico.

October 7, 1987.

Attorney(s) appearing for the Case

Hal Stratton, Atty. Gen., William Primm, Asst. Atty. Gen., Santa Fe, Steven Schiff, Dist. Atty., Harry Zimmerman, Asst. Dist. Atty., Albuquerque, for plaintiff-appellant.

Jacquelyn Robins, Chief Public Defender, Lynn Fagan, Appellate Defender, Benjamin A. Gonzales, Asst. Appellate Defender, Santa Fe, for defendant-appellee.

OPINION

SOSA, Senior Justice.

Defendant originally was sentenced on February 22, 1982 in the Second Judicial District by Judge Stowers to various terms for three non-capital offenses, and to death for the offense of murder. Judge Stowers further ruled that all sentences were to run concurrently. Two years later the defendant moved to have the death sentence set aside on grounds of ineffective counsel. Judge Ashby was then assigned the case, and he granted...

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