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STATE v. MORTON

No. 10459.

760 P.2d 170 (1988)

107 N.M. 478

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

Court of Appeals of New Mexico.

July 7, 1988.

Attorney(s) appearing for the Case

Jacquelyn Robins, Chief Public Defender, Stephen D. Aarons, Asst. Public Defender, Santa Fe, for defendant-appellant.

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

OPINION

BIVINS, Judge.

Defendant appeals the trial court's denial of his motion to remand for preliminary examination. We granted defendant's application for interlocutory appeal. The sole issue on appeal is whether death penalty proceedings are precluded where the indictment does not allege the existence of aggravating circumstances. We hold that since aggravating circumstances are not elements of the crime, an...

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