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STATE v. RICO

Nos. 26,626, 27,050.

52 P.3d 942 (2002)

132 N.M. 570

2002-NMSC-022

STATE of New Mexico, Plaintiff Appellee, v. Ernest RICO, Defendant Appellant. State of New Mexico, Plaintiff Appellee, v. Albert Shelby, Defendant Appellant.

Supreme Court of New Mexico.

July 17, 2002.

Attorney(s) appearing for the Case

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

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

Joseph Borack, Window Rock, AZ, for Amicus Curiae, the Navajo Nation.

OPINION

MINZNER, Justice.

{1} Defendant Ernest Rico appeals from a judgment and sentence entered following a jury trial at which he was convicted of one count of serving alcohol in an unlicensed establishment, contrary to NMSA 1978, § 60-7A-22(B) (1998), and one count of allowing the premises to be used for commercial gambling, contrary to NMSA 1978, § 30-19-4(A) and (B) (1963). Defendant Albert Shelby appeals from a judgment and sentence entered...

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