STATE v. DUFFY

No. 22667.

967 P.2d 807 (1998)

126 N.M. 132

1998-NMSC-014

STATE of New Mexico, Plaintiff-Appellee, v. Shawn Matthew DUFFY, Defendant-Appellant.

Supreme Court of New Mexico.

May 20, 1998.


Attorney(s) appearing for the Case

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

Hon. Tom Udall, Attorney General, Max Shepherd, Assistant Attorney General, Santa Fe, for Appellee.


OPINION

FRANCHINI, Chief Justice.

{1} Shawn Matthew Duffy appeals from his convictions of the first-degree felony murder of Elizabeth Somerville, robbery with an old-age enhancement, and tampering with evidence. Duffy raises six issues on appeal. We conclude that Duffy's right to be protected from double jeopardy was violated by his convictions for both felony murder and robbery; that the robbery was a proper predicate felony to the felony murder; that,...

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