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STATE v. CLEVE

No. 24,734.

980 P.2d 23 (1999)

127 N.M. 240

1999-NMSC-017

STATE of New Mexico, Plaintiff-Respondent, v. Charles CLEVE, Defendant-Petitioner.

Supreme Court of New Mexico.

March 11, 1999.

Attorney(s) appearing for the Case

Phyllis H. Subin, Chief Public Defender, Christopher Bulman, Assistant Appellate Defender, Santa Fe, for Petitioner.

Hon. Patricia A. Madrid, Attorney General, Ralph E. Trujillo, Assistant Attorney General, Santa Fe, for Respondent.

James R. Scarantino, Albuquerque, Birch, Horton, Bittner and Cherot, William P. Horn, Douglas S. Burdin, Washington, DC, for Amicus Curiae Wildlife Conservation Fund of America.

OPINION

SERNA, Justice.

{1} Defendant Charles Cleve appeals the Court of Appeals' affirmance of his two convictions of cruelty to animals. A jury found Cleve guilty of two counts of unlawful hunting and two counts of cruelty to animals based on his killing of two deer. Cleve contends that his actions, while within the scope of the prohibition against unlawful hunting, are not contemplated by the prohibition...

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