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STATE v. O'KELLY

Nos. 23,272, 23,364.

84 P.3d 88 (2003)

135 N.M. 40

2004-NMCA-013

STATE of New Mexico, Plaintiff-Appellant/Cross-Appellee, v. Jimmy Ray O'KELLY, Defendant-Appellee/Cross-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted January 13, 2004.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Santa Fe, NM, Max Shepherd, Assistant Attorney General, Albuquerque, NM, for Appellant/Cross-Appellee.

John B. Bigelow, Chief Public Defender, Vicki W. Zelle, Assistant Appellate Defender, Santa Fe, NM, for Appellee/Cross-Appellant.

Certiorari Granted, No. 28,414, January 13, 2004.

OPINION

PICKARD, Judge.

{1} This case presents a novel set of facts that requires us to examine the limits of the depraved mind murder and felony murder statutes. Defendant was charged with false imprisonment, kidnapping, aggravated battery, felony murder, and depraved mind murder. He moved to dismiss both murder charges because neither he nor his accomplice committed the lethal act. The trial...

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