STATE v. WYROSTEK

No. 20696.

873 P.2d 260 (1994)

117 N.M. 514

STATE of New Mexico, Plaintiff-Appellant, v. Vance WYROSTEK, Defendant-Appellee.

Supreme Court of New Mexico.

April 5, 1994.


Attorney(s) appearing for the Case

Tom Udall, Atty. Gen., William McEuen, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

Gary Mitchell, Ruidoso, for defendant-appellee.

Sammy J. Quintana, Chief Public Defender, Susan Gibbs, Asst. Appellate Defender, Santa Fe, for amicus curiae NM Public Defender.


OPINION

BACA, Justice.

The State appeals from the district court's pretrial order finding and concluding that a sentence of death imposed upon defendant-appellee, Vance Wyrostek, would be excessive and disproportionate when compared to the penalties imposed in similar first-degree murder cases. The State sought an interlocutory appeal of the district court's order. The Court of Appeals granted the State's application for interlocutory appeal and certified...

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