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STATE v. SMITH

No. 23696.

933 P.2d 851 (1997)

123 N.M. 52

STATE of New Mexico, Plaintiff-Appellee, v. Eric SMITH, Defendant-Appellant.

Supreme Court of New Mexico.

February 7, 1997.

Attorney(s) appearing for the Case

T. Glenn Ellington, Chief Public Defender, Susan Gibbs, Assistant Appellate Defender, Kari Converse, Joseph E. Shattuck, Jeff Rein, Assistant Public Defenders, Santa Fe, for Appellant.

Ron P. Lopez, District Attorney and Madeline Melka, Deputy District Attorney, Estancia, for Appellee.

OPINION

RANSOM, Justice.

1. Eric Smith (Smith) was charged with false imprisonment of his two sons, Eric Smith Jr. and Larry Smith, see NMSA 1978, § 30-4-3 (Repl.Pamp.1994) (false imprisonment), and first-degree murder of Eric Jr. with the aggravating circumstance of murder of a witness, see NMSA 1978, § 30-2-1(A) (Repl.Pamp.1994) (first-degree murder); NMSA 1978, § 31-20A-5(G) (Repl. Pamp.1994) (aggravating circumstance for...

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