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STATE v. GAITAN

No. 26,743.

42 P.3d 1207 (2002)

131 N.M. 758

2002-NMSC-007

STATE of New Mexico, Plaintiff-Respondent, v. Frederico GAITAN, Defendant-Petitioner.

Supreme Court of New Mexico.

February 22, 2002.

Attorney(s) appearing for the Case

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

Patricia A. Madrid, Attorney General, Max Shepherd, Assistant Attorney General, Santa Fe, NM, for Respondent.

OPINION

BACA, Justice.

{1} Defendant, Frederico Gaitan, was convicted of second degree murder as an accessory under NMSA 1978, § 30-2-1(B) (1994) and NMSA 1978, § 30-1-13 (1972), aggravated assault with a deadly weapon under NMSA 1978, § 30-3-2(A) (1963), tampering with evidence as an accessory under NMSA 1978, § 30-22-5 (1963) and Section 30-1-13, and aggravated battery with a deadly weapon under NMSA 1978, § 30-3-5(C) (1969). Defendant...

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