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STATE v. ALVAREZ-LOPEZ

Nos. 27,868, 27,869.

98 P.3d 699 (2004)

136 N.M. 309

2004-NMSC-030

STATE of New Mexico, Plaintiff-Petitioner, v. Mario Hector ALVAREZ-LOPEZ, Defendant-Respondent. State of New Mexico, Plaintiff-Respondent, v. Mario Hector Alvarez-Lopez, Defendant-Petitioner.

Supreme Court of New Mexico.

August 20, 2004.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Patricia A. Gandert, Assistant Attorney General, Santa Fe, NM, for State.

John Bigelow, Chief Public Defender, Laurel A. Knowles, Assistant Appellate Defender, Santa Fe, NM, for Defendant.

OPINION

MINZNER, Justice.

{1} Defendant Mario Hector Alvarez-Lopez was convicted by a jury of aggravated burglary, contrary to NMSA 1978, § 30-16-4 (1963); conspiracy to commit burglary, contrary to NMSA 1978, § 30-28-2 (1979); and one count each of larceny over $250 and larceny of a firearm, contrary to NMSA 1978, § 30-16-1 (1987). At Defendant's trial, the district court admitted into evidence under the hearsay exception for statements against...

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