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STATE v. SIMPSON

No. 20585.

867 P.2d 1150 (1993)

111 S.Ct. 2123

STATE of New Mexico, Plaintiff-Respondent, v. Russell H. SIMPSON, Defendant-Petitioner.

Supreme Court of New Mexico.

November 24, 1993.

Attorney(s) appearing for the Case

Gary C. Mitchell, P.C., Gary C. Mitchell, Ruidoso, for petitioner.

Tom Udall, Atty. Gen., Gail MacQuesten, Mary Catherine McCulloch, Asst. Attys. Gen., Santa Fe, for respondent.

Sammy J. Quintana, Chief Public Defender, Sheila Lewis, Appellate Defender, Santa Fe, for amicus curiae N.M. Public Defender.

H.R. Quintero, Silver City, for amicus curiae N.M. Criminal Defense Lawyers Ass'n.

Jones, Snead, Wertheim, Rodriguez & Wentworth, Lorenzo F. Garcia, Arturo L. Jaramillo, Santa Fe, for amicus curiae Jones Law Firm.

OPINION

MONTGOMERY, Justice.

Russell Simpson was convicted by a jury of two counts of homicide by vehicle (vehicular homicide) and one count of great bodily injury by vehicle under NMSA 1978, Subsections 66-8-101(A) and (B) (Cum.Supp. 1993).1 He appealed to the New Mexico Court of Appeals, which assigned his case to the summary calendar and in two successive calendar notices proposed summary affirmance. Simpson responded...

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