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STATE v. PADILLA

No. 26,540.

46 P.3d 1247 (2002)

132 N.M. 247

2002-NMSC-016

STATE of New Mexico, Plaintiff-Petitioner, v. Chris PADILLA, Defendant-Respondent.

Supreme Court of New Mexico.

May 10, 2002.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Patricia Gandert, Assistant Attorney General, Santa Fe, NM, for Petitioner.

David Henderson, Santa Fe, NM, for Respondent.

OPINION

FRANCHINI, Justice.

{1} Following a jury trial, Defendant Chris Padilla was convicted of two counts of aggravated battery with a deadly weapon under NMSA 1978, § 30-3-5(C) (1969). The Court of Appeals, in a divided opinion, reversed Defendant's convictions after determining that under Rule 5-612 NMRA 2002, Defendant's absence from jury selection was "non-waivable" and had created a "structural defect" which "automatically require[d] a...

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