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STATE v. MARTINEZ

No. 23,463.

43 P.3d 1042 (2002)

132 N.M. 32

2002-NMSC-008

STATE of New Mexico, Plaintiff-Appellee, v. Frank MARTINEZ, Defendant-Appellant.

Supreme Court of New Mexico.

March 12, 2002.

Attorney(s) appearing for the Case

Phyllis H. Subin, Chief Public Defender, Jeffrey J. Buckels, Assistant Public Defender, Albuquerque, NM, for Appellant.

Patricia A. Madrid, Attorney General, Steven S Suttle, Assistant Attorney General, Santa Fe, NM, for Appellee.

OPINION

FRANCHINI, Justice.

{1} Frank Martínez pleaded guilty to the murder of Crystal LaPierre and, following a capital sentencing hearing, was sentenced to death. The transcript of his plea hearing was subsequently lost and a reconstruction hearing was conducted to replace that transcript. Defendant asserts: (1) it was error for a judge other than the assigned judge to accept his original plea; (2) the missing transcript deprived Defendant...

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