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STATE v. SANCHEZ

No. 18057.

785 P.2d 224 (1989)

109 N.M. 313

STATE of New Mexico, Plaintiff-Appellee, v. Toby SANCHEZ, Jr., Defendant-Appellant.

Supreme Court of New Mexico.

Rehearing Denied December 5, 1989.

Attorney(s) appearing for the Case

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

Bryan L. Hunt, Las Vegas, trial counsel.

Hal Stratton, Atty. Gen., Margaret B. Alcock, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

SOSA, Chief Justice.

Defendant-appellant, Toby Sanchez (Sanchez), appeals his conviction for first-degree murder. During the evening of May 26/27, 1987, in Watrous, Sanchez killed Robert Vigil by cutting Vigil's throat several times while he lay sleeping in a state of alcoholic intoxication. Sanchez and Vigil had been together at the home of another man, where several people had been drinking heavily. Sanchez was on probation for

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