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STATE v. FRANKLIN

No. 14125.

865 P.2d 1209 (1993)

116 N.M.App. 565

STATE of New Mexico, Plaintiff-Appellant, v. Richard FRANKLIN, Defendant-Appellee.

Court of Appeals of New Mexico.

October 29, 1993.

Attorney(s) appearing for the Case

Tom Udall, Atty. Gen., Anthony Tupler, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

Roxanna M. Prelo, Prelo Law Firm, Albuquerque, for defendant-appellee.

OPINION

APODACA, Judge.

The State appeals the trial court's dismissal of a firearm enhancement count contained in the criminal information charging Defendant with involuntary manslaughter by negligent use of a firearm. We hold that, because use of a firearm is one of the elements of the crime charged, see Swafford v. State, 112 N.M. 3, 16, 810 P.2d 1223, 1236 (1991), the trial...

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