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STATE v. McDONALD

No. 28,237.

99 P.3d 667 (2004)

136 N.M. 417

2004-NMSC-033

STATE of New Mexico, Plaintiff-Petitioner, v. Joseph McDONALD, Defendant-Respondent.

Supreme Court of New Mexico.

September 23, 2004.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Arthur W. Pepin, Assistant Attorney General, Santa Fe, NM, for Petitioner.

John Bigelow, Chief Public Defender, Sheila Lewis, Assistant Appellate Defender, Santa Fe, NM, for Respondent.

OPINION

BOSSON, Justice.

{1} In this opinion we decide whether sentencing under NMSA 1978, Section 31-18-15(A)(2), -(4) (1999, prior to 2003 amendments) requires that a jury, and not the judge, determine whether the crime is one "resulting in the death of a human being." Applying Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), we conclude that the...

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