STATE v. DUARTE

No. 23,310.

98 P.3d 1054 (2004)

136 N.M. 404

2004-NMCA-117

STATE of New Mexico, Plaintiff-Appellee, v. Oscar DUARTE, Defendant-Appellant.

Court of Appeals of New Mexico.

August 2, 2004.


Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, James O. Bell, Assistant Attorney General, Santa Fe, NM, for Appellee.

Jack Bennett Jacks, Law Office of J.B. Jacks, Albuquerque, NM, for Appellant.


OPINION

BUSTAMANTE, Judge.

{1} The issue in this case is whether an out-of-court statement made by Defendant's accomplice, implicating Defendant, was admissible when the accomplice did not testify and was not subjected to cross-examination. In the statement, the accomplice admitted attempting to sell marijuana to an undercover police officer, but claimed that Defendant had given him directions about how to complete the sale. We take this opportunity...

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