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STATE v. LUCERO

No. 26,066.

30 P.3d 365 (2001)

130 N.M. 676

2001-NMSC-024

STATE of New Mexico, Plaintiff-Respondent, v. Claude Alex LUCERO, Defendant-Petitioner.

Supreme Court of New Mexico.

Rehearing Denied August 24, 2001.

Attorney(s) appearing for the Case

Phyllis H. Subin, Chief Public Defender, Nancy M. Hewitt, Assistant Appellate Defender, Santa Fe, NM, for Petitioner.

Patricia A. Madrid, Attorney General, Anita Carlson, Assistant Attorney General, Santa Fe, NM, for Respondent.

OPINION

SERNA, Chief Justice.

{1} Following a jury trial, Defendant Claude Alex Lucero was convicted of possession of a deadly weapon by a prisoner contrary to NMSA 1978, § 30-22-16 (1986). Defendant filed a motion for new trial on the basis of the jury instruction detailing the elements of the crime. The trial court granted the motion, and the State appealed. In a memorandum opinion, the Court of Appeals concluded that there was no error in...

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