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STATE v. ELINSKI

No. 17115.

948 P.2d 1209 (1997)

124 N.M. 261

1997-NMCA-117

STATE of New Mexico, Plaintiff-Appellee, v. Frederick ELINSKI, Defendant-Appellant.

Court of Appeals of New Mexico.

October 14, 1997.

Attorney(s) appearing for the Case

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

Phyllis H. Subin, Chief Public Defender, Susan Roth, Assistant Appellate Defender, Santa Fe, for Appellant.

OPINION

BOSSON, Judge.

1. Defendant, Frederick Elinski, killed Diego Duran Delaree (the victim), claiming self-defense. Charged with first degree murder, Defendant was convicted of tampering with evidence and second degree murder with a firearm enhancement. See NMSA 1978, §§ 30-2-1(B) (1994) (murder), 31-18-16 (1993) (use of firearm), 30-22-5 (1963) (tampering with evidence).

2. On appeal, Defendant argues that the trial court committed...

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