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STATE v. YBARRA

No. 18506.

804 P.2d 1053 (1990)

111 N.M. 234

STATE of New Mexico, Plaintiff-Appellee, v. Dennis A. YBARRA, Defendant-Appellant.

Supreme Court of New Mexico.

November 28, 1990.

Attorney(s) appearing for the Case

Jacquelyn Robins, Chief Public Defender, Jerry Todd Wertheim, Asst. Appellate Defender, Santa Fe, for defendant-appellant.

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

OPINION

WILSON, Justice.

Defendant-appellant Dennis A. Ybarra appeals his conviction of first degree murder. We reverse.

On June 22, 1988, Ybarra and his girlfriend's brother, Ricky Garcia, quarreled outside of Ybarra's apartment. Garcia knocked Ybarra down by striking him in the face twice and then kicked him in the chest while Ybarra lay on the ground. A witness later testified that, as Garcia left the apartment, Ybarra threatened to get even with...

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