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STATE v. ASHLEY

No. 23494.

946 P.2d 205 (1997)

124 N.M. 1

1997-NMSC-049

STATE of New Mexico, Plaintiff-Respondent, v. Harvey ASHLEY, Defendant-Petitioner.

Supreme Court of New Mexico.

September 17, 1997.

Attorney(s) appearing for the Case

T. Glenn Ellington, Chief Public Defender, Karl Erich Martell, Assistant Appellate Defender, Santa Fe, for Defendant-Petitioner.

Tom Udall, Attorney General, Patricia A. Gandert, Assistant Attorney General, Santa Fe, for Plaintiff-Respondent.

OPINION

FRANCHINI, Chief Justice.

1 Harvey Ashley was convicted of one count of bigamy under NMSA 1978, Section 30-10-1 (1963). Because bigamy is a fourth-degree felony, and because, following his conviction, Harvey Ashley was found to be a habitual offender, he was sentenced to nine and a half years incarceration. Harvey Ashley appealed to the Court of Appeals on several grounds including his argument that, during trial, the Prosecutor's misconduct denied...

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