STATE v. ARMENDAREZ

No. 18080.

825 P.2d 1245 (1992)

113 N.M. 335

STATE of New Mexico, Plaintiff-Appellee and Cross-Appellant, v. Joe ARMENDAREZ, Defendant-Appellant and Cross-Appellee.

Supreme Court of New Mexico.

January 27, 1992.


Attorney(s) appearing for the Case

Sammy J. Quintana, Chief Public Defender, Sheila Lewis, Appellate Defender, Santa Fe, for Joe Armendarez.

Tom Udall, Atty. Gen., Anthony Tupler, Asst. Atty. Gen., Santa Fe, for the State.


OPINION

RANSOM, Chief Justice.

Joe Armendarez appeals from his conviction of first-degree murder. NMSA 1978, § 30-2-1(A) (Repl.Pamp. 1984). He argues first that the State created error by successfully seeking an instruction, inconsistent with the defense theory presented, on the lesser included offense of second-degree murder, and then, in closing, arguing to the jury that it could not possibly find defendant guilty of the lesser offense. Next he contends...

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