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STATE v. PADILLA

No. 25,380.

142 P.3d 921 (2006)

2005-NMCA-107

STATE of New Mexico, Plaintiff-Appellee, v. Felipe PADILLA, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted August 31, 2006.

Attorney(s) appearing for the Case

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

John Bigelow, Chief Public Defender, Catherine A. Begaye, Assistant Appellant Defender, Santa Fe, NM, for Appellant.

Certiorari Granted, No. 29,947, August 31, 2006.

OPINION

FRY, Judge.

{1} Defendant Felipe Padilla challenges his conviction for aggravated fleeing a law enforcement officer (aggravated fleeing) under NMSA 1978, § 30-22-1.1 (2003). He claims that the trial court committed error by failing to instruct the jury on an essential element of the crime when it refused to allow the jury to consider whether the pursuit was conducted "in accordance...

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