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STATE v. DARKIS

No. 20,222.

10 P.3d 871 (2000)

129 N.M. 547

2000-NMCA-085

STATE of New Mexico, Plaintiff-Appellee, v. Dave DARKIS, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari granted September 21, 2000.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, M. Anne Kelly, Assistant Attorney General, Santa Fe, NM for Appellee.

Phyllis H. Subin, Chief Public Defender, Christopher Bulman, Appellate Defender, Santa Fe, NM, for Appellant.

Certiorari granted, No. 26,474, September 21, 2000.

OPINION

ARMIJO, Judge.

{1} Dave Darkis (Defendant) challenges his conviction for felony possession of cocaine. This appeal presents a question regarding double jeopardy—specifically, the prohibition against successive prosecutions—and a defendant's right to have the jury instructed in accordance with that defendant's theory of defense. For the reasons discussed below, we reverse Defendant...

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