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STATE v. JOHNSON

No. 23262.

944 P.2d 869 (1997)

123 N.M. 640

1997-NMSC-036

STATE of New Mexico, Plaintiff-Petitioner, v. Richard Leonard JOHNSON, Defendant-Respondent.

Supreme Court of New Mexico.

August 1, 1997.

Attorney(s) appearing for the Case

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

T. Glenn Ellington, Chief Public Defender, Darryl A. Bouchard, Assistant Appellate Defender, Santa Fe, for Defendant-Respondent.

OPINION

MINZNER, Justice.

1. The State appeals a New Mexico Court of Appeals decision granting Defendant Richard Johnson a new trial. See State v. Johnson, 1995 NMCA 170, ¶ 16, 121 N.M. 77, 908 P.2d 770 (Ct.App.1995). A jury convicted Defendant of two accounts each of aggravated assault and second degree criminal penetration, and one count of false imprisonment. The trial...

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