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STATE v. JERNIGAN

No. 28,525.

127 P.3d 537 (2005)

2006-NMSC-003

139 N.M. 1

STATE of New Mexico, Plaintiff-Respondent, v. Tremaine JERNIGAN, Defendant-Petitioner.

Supreme Court of New Mexico.

Rehearing Denied January 20, 2006.

Attorney(s) appearing for the Case

John Bigelow, Chief Public Defender, William A. O'Connell, Assistant Appellate Defender, Santa Fe, NM, for Petitioner.

Patricia A. Madrid, Attorney General, Margaret McLean, Assistant Attorney General, Santa Fe, NM, for Respondent.

Freedman Boyd Daniels Hollander & Goldberg P.A., Zachary A. Ives, Albuquerque, NM, Amicus Curiae, New Mexico Criminal Defense Lawyers Association.

OPINION

CHÁVEZ, Justice.

{1} Defendant was convicted of second-degree murder for the killing of Jerome Scott, attempted second-degree murder for the shooting of Chris Washington, and tampering with evidence. For these convictions, Defendant was sentenced to twenty-eight years in prison. His basic sentence of nineteen years and six months was enhanced by six years and six months based on the trial court's finding of aggravating circumstances.

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