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STATE v. TONEY

No. 26,618.

40 P.3d 1002 (2002)

131 N.M. 558

2002-NMSC-003

STATE of New Mexico, Plaintiff-Respondent, v. Michael TONEY, Defendant-Petitioner.

Supreme Court of New Mexico.

February 1, 2002.

Attorney(s) appearing for the Case

Gary C. Mitchell, P.C., Gary C. Mitchell, Ruidoso, NM, Garza Law Firm, Carmen E. Garza, Las Cruces, NM, Susan Gibbs, Santa Fe, NM, for Petitioner.

Patricia A. Madrid, Attorney General, Joel Jacobsen, Assistant Attorney General, Santa Fe, NM, for Respondent.

OPINION

SERNA, Chief Justice.

{1} Defendant Michael Toney was convicted following a jury trial of two counts of false imprisonment and one count of tampering with evidence. Defendant appealed a single issue, relating to a single count of false imprisonment, to the Court of Appeals: whether the trial court erred in admitting hearsay testimony, either under the Rules of Evidence or under the Confrontation Clause...

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