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STATE v. BENAVIDEZ

No. 18,699.

979 P.2d 251 (1999)

127 N.M. 206

1999-NMCA-054

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

Patricia A. Madrid, 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 GRANTING REHEARING

APODACA, Judge.

{1} Defendant filed a motion for rehearing after this Court filed its opinion on December 23, 1998. That opinion reversed the substantive perjury convictions against Defendant because of the trial court's failure to instruct on the essential element of materiality.

{2} In his motion for rehearing and supporting memorandum, Defendant points out that...

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