STATE v. AGUAYO

No. 12957.

835 P.2d 840 (1992)

114 N.M. 124

STATE of New Mexico, Plaintiff-Appellee, v. Roland Lee AGUAYO, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied May 26, 1992.


Attorney(s) appearing for the Case

Tom Udall, Atty. Gen., Patricia Gandert, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

Sammy J. Quintana, Chief Public Defender, Bruce Rogoff, Asst. Appellate Defender, Santa Fe, for defendant-appellant.


OPINION

BLACK, Judge.

On this court's own motion, the opinion filed in this case on March 17, 1992 is withdrawn, and the following is substituted.

Defendant appeals his conviction for child abuse resulting in death in violation of NMSA 1978, Section 30-6-1 (Cum.Supp. 1989). The State's theory was that Defendant inflicted fatal head injuries on Jose Luis Garcia (Joey), a six-month-old baby. Defendant did...

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