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STATE v. BADONI

No. 21,924.

62 P.3d 348 (2002)

133 N.M. 257

2003-NMCA-009

STATE of New Mexico, Plaintiff-Appellee, v. Kevin BADONI, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied January 15, 2003.

Attorney(s) appearing for the Case

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

Phyllis H. Subin, Chief Public Defender, Theresa M. Duncan, Assistant Appellate Defender, Santa Fe, NM, for Appellant.

Certiorari Denied, No. 27,840, January 15, 2003.

OPINION

CASTILLO, Judge.

{1} This is an appeal from Defendant's second trial wherein he was convicted of second degree murder of Sylvester Lewis and aggravated battery on Wesley Eaton. Defendant makes two arguments on appeal: (1) that the trial court erred by denying his request for a modified version of UJI 14-5031 NMRA 2002 (prohibiting jury inference of guilt from failure to testify); and...

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