STATE v. BENAVIDEZ

No. 18,699.

979 P.2d 234 (1999)

127 N.M. 189

1999-NMCA-053

STATE of New Mexico, Plaintiff-Appellee, v. Salvador BENAVIDEZ, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted April 27, 1999.


Attorney(s) appearing for the Case

Tom Udall, Attorney General, Steven S Suttle, Assistant Attorney General, Albuquerque, for Appellee.

Paul J. Kennedy, Albuquerque, for Appellant.


Certiorari Granted, No. 25,548, April 27, 1999.

OPINION

APODACA, Judge.

{1} Defendant appeals his convictions under three counts of perjury and one count of conspiracy to commit perjury, contrary to NMSA 1978, § 30-25-1 (1963), and NMSA 1978, § 30-28-2 (1979). He raises several issues on appeal: (1) the trial court erred by removing the element of materiality in a perjury prosecution from the jury's consideration; (2) the indictment...

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