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STATE v. McGRUDER

No. 23002.

940 P.2d 150 (1997)

123 N.M. 302

1997-NMSC-023

STATE of New Mexico, Plaintiff-Appellee, v. Paul E. McGRUDER, Defendant-Appellant.

Supreme Court of New Mexico.

May 5, 1997.

Attorney(s) appearing for the Case

T. Glenn Ellington, Chief Public Defender, Sue A. Herrmann, Assistant Appellate Defender, Santa Fe, for Defendant-Appellant.

Tom Udall, Attorney General, Arthur W. Pepin, Assistant Attorney General, Santa Fe, for Plaintiff-Appellee.

OPINION

MINZNER, Justice.

1. Defendant Paul McGruder appeals from a judgment and sentence of life imprisonment plus ten years following a jury trial at which he was convicted of a number of offenses, including felony murder. This Court has jurisdiction of his direct appeal under Rule 12-102(A)(1) NMRA 1997 (direct appeal from life sentence). McGruder argues on appeal that the district court erred by (1) denying his request for a lesser included instruction...

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