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STATE v. GARCIA

No. 15008.

887 P.2d 767 (1994)

118 N.M. 773

STATE of New Mexico, Plaintiff-Appellee, v. Jose A. GARCIA, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied February 2, 1995.

Attorney(s) appearing for the Case

Tom Udall, Atty. Gen., Ann M. Harvey, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

Sammy J. Quintana, Chief Public Defender, David Henderson, Asst. Appellate Defender, Santa Fe, for defendant-appellant.

OPINION

HARTZ, Judge.

Defendant was convicted by a jury of armed robbery and aggravated assault. His sole claim on appeal is that the prosecution improperly used his postarrest silence as evidence against him. We agree and reverse the convictions.

I. BACKGROUND

Defendant presented an alibi defense. There was no dispute that the crimes charged had been committed by someone. On the evening of December 19, 1991, a woman was robbed of...

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