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STATE v. CASTRO

No. 21,467.

53 P.3d 413 (2002)

132 N.M. 646

2002-NMCA-093

STATE of New Mexico, Plaintiff-Appellee, v. Dora CASTRO, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied August 14, 2002.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Ann M. Harvey, Assistant Attorney General, Santa Fe, NM, for Appellee.

Phyllis H. Subin, Chief Public Defender, Cordelia A. Friedman, Assistant Appellate Defender, Santa Fe, NM, for Appellant.

Certiorari Denied, No. 27,610, August 14, 2002.

OPINION

SUTIN, Judge.

{1} Defendant Dora Castro appeals her conviction for driving while her license was revoked contrary to NMSA 1978, § 66-5-39(A) (1993). We reverse based on fundamental error.

DISCUSSION

Standard of Review

{2} "[F]undamental rights of an accused... are implicated where the jury is permitted to return a conviction without having been instructed on...

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