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STATE v. DANEK

No. 21276.

878 P.2d 326 (1994)

118 N.M. 8

STATE of New Mexico, Plaintiff-Petitioner, v. Robert DANEK, Defendant-Respondent.

Supreme Court of New Mexico.

June 23, 1994.

Attorney(s) appearing for the Case

Tom Udall, Atty. Gen., Jerome Marshak, Asst. Atty. Gen., Santa Fe, for petitioner.

Toulouse & Associates, P.A., James R. Toulouse, John G. Travers, Albuquerque, for respondent.

OPINION

RANSOM, Justice.

Having considered the State's motion for rehearing of our opinion filed June 2, 1994, we deny such motion. In doing so, we withdraw our original opinion and substitute the following.

In an appeal by the State, the Court of Appeals affirmed the trial court's grant of a new trial to Robert Danek. State v. Danek, 117 N.M. 471, 872 P.2d 889 (Ct.App.1993...

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