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STATE v. WILLIS

No. 23063.

933 P.2d 854 (1997)

123 N.M. 55

STATE of New Mexico, Plaintiff-Appellee, v. Tommy Wayne WILLIS, 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, Santa Fe, for Defendant-Appellant.

Tom Udall, Attorney General, Joel Jacobsen, Assistant Attorney General, Santa Fe, for Plaintiff-Appellee.

Jones, Snead, Wertheim, Wentworth & Jaramillo, P.A., Jerry Todd Wertheim, Rothstein, Donatelli, Hughes, Dahlstrom, Cron & Shoenburg, John L. Sullivan, for Amicus Curiae New Mexico Criminal Defense Lawyers Association.

OPINION

RANSOM, Justice.

1. Tommy Wayne Willis pleaded guilty to second-degree murder under NMSA 1978, Section 30-2-1(B) (Repl.Pamp.1994). He later professed his innocence in writing and claimed he pleaded guilty only because he wanted to avoid prosecution for first-degree murder, as defined in Section 30-2-1(A). After a hearing, the trial court ordered withdrawal of the plea. Subsequently, claiming that new evidence necessitated capital charges, the State...

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