STATE v. ARELLANO

No. 17421.

940 P.2d 1204 (1997)

123 N.M. 409

1997-NMCA-047

STATE of New Mexico, Plaintiff-Appellee, v. Rodney ARELLANO, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted June 3, 1997.


Attorney(s) appearing for the Case

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

T. Glenn Ellington, Chief Public Defender, Carolyn R. Glick, Assistant Appellate Defender, Santa Fe, for Defendant-Appellant.


OPINION

BOSSON, Judge.

1. Defendant was convicted of vehicular homicide after a trial by jury. Defendant moved to set aside the verdict because the jury had never been sworn. The district court denied the motion, and Defendant appeals. We reverse and remand for a new trial.

2. The sole issue on appeal is whether the trial court abused its discretion in refusing to grant Defendant a new trial after the verdict was returned by jurors who had not been...

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