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STATE v. FRANCO

No. 28,791.

112 P.3d 1104 (2005)

137 N.M. 447

2005-NMSC-013

STATE of New Mexico, Plaintiff-Petitioner, v. Gina FRANCO, Defendant-Respondent.

Supreme Court of New Mexico.

Rehearing Denied May 19, 2005.

Attorney(s) appearing for the Case

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

John Bigelow, Chief Public Defender, Trace L. Rabern, Assistant Appellate Defender, Santa Fe, for Respondent.

OPINION

MINZNER, Justice.

{1} Defendant appeals from convictions following a jury trial for possession of a controlled substance, contrary to NMSA 1978, Section 30-31-23(D) (1990), and tampering with evidence, contrary to NMSA 1978, Section 30-22-5 (1963, prior to 2003 amendment). Defendant initially appealed her convictions to the Court of Appeals on several grounds, including whether her conviction for possession of a controlled substance and tampering...

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