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STATE v. ESCAMILLA

No. 16849.

760 P.2d 1276 (1988)

107 N.M. 510

STATE of New Mexico, Plaintiff-Appellee, v. Melvin ESCAMILLA, Defendant-Appellant.

Supreme Court of New Mexico.

As Amended on Denial of Rehearing September 22, 1988.

Attorney(s) appearing for the Case

Jacquelyn Robins, Chief Public Defender, Deborah A. Moll, Asst. Appellant Defender, Santa Fe, for defendant-appellant.

Grant L. Foutz, Gallup, Trial Counsel.

Hal Stratton, Atty. Gen., Gail MacQuesten, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

RANSOM, Justice.

Melvin Escamilla appeals his convictions for first degree murder of Regina Dahozy, attempted first degree murder of Jimmy Samuels, aggravated burglary, and larceny. His claim that the trial court erred in failing to submit to the jury his tendered instruction on aggravated battery of Samuels requires a recapitulation of the facts relied upon by defendant.

For two years, defendant...

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