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STATE v. YARBOROUGH

No. 23218.

930 P.2d 131 (1996)

122 N.M. 596

STATE of New Mexico, Plaintiff-Petitioner, v. Kenneth YARBOROUGH, Defendant-Respondent.

Supreme Court of New Mexico.

November 27, 1996.

Attorney(s) appearing for the Case

Tom Udall, Attorney General, M. Anne Wood, Assistant Attorney General, Santa Fe, for Petitioner.

T. Glenn Ellington, Chief Public Defender, Susan Roth, Assistant Public Defender, Santa Fe, for Respondent

Freedman, Boyd, Daniels, Peifer, Hollander, Guttmann & Goldberg, P.A. Charles W. Daniels, Albuquerque, for amici curiae NMCDLA, NMTLA, NMDLA, & NACDL.

OPINION

RANSOM, Justice.

1. A van driven by Kenneth Yarborough collided with a parked car, killing one of its occupants, Steven Kumagai, and injuring two other people. Yarborough was charged with homicide by vehicle by reckless driving. NMSA 1978, § 66-8-101 (Repl.Pamp.1994) (homicide by vehicle); NMSA 1978, § 66-8-113 (Repl.Pamp.1994) (reckless driving). He also was charged with two counts of great bodily harm by vehicle. NMSA 1978, § 66...

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