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STATE v. GAITAN

No. 20,493.

18 P.3d 1056 (2001)

130 N.M. 103

2001-NMCA-004

STATE of New Mexico, Plaintiff-Appellee, v. Frederico GAITAN, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted January 29, 2001.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Max Shepherd, Assistant Attorney General, Albuquerque, NM, for Appellee.

Phyllis H. Subin, Chief Public Defender, Will O'Connell, Assistant Appellate Defender, Santa Fe, NM, for Appellant.

Certiorari Granted, No. 26,743, January 29, 2001.

OPINION

WECHSLER, Judge.

{1} A jury convicted Defendant Frederico Gaitan of second degree murder as an accessory, aggravated assault with a deadly weapon, tampering with evidence as an accessory, and aggravated battery with a deadly weapon. Defendant raises two issues on appeal: (1) whether the trial court erred in failing to instruct the jury on voluntary and involuntary manslaughter; and...

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