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STATE v. MARTINEZ

No. 28,623.

130 P.3d 731 (2006)

139 N.M. 152

2006-NMSC-007

STATE of New Mexico, Plaintiff-Appellee, v. Manuel MARTINEZ, Defendant-Appellant.

Supreme Court of New Mexico.

February 16, 2006.

Attorney(s) appearing for the Case

John Bigelow, Chief Public Defender, Nancy M. Hewitt, Assistant Appellate Defender, Santa Fe, New Mexico, for Appellant.

Patricia A. Madrid, Attorney General, Victoria M. Wilson, Assistant Attorney General, Santa Fe, New Mexico, for Appellee.

OPINION

BOSSON, Chief Justice.

{1} Defendant Manuel Martinez is charged with two counts of first degree murder and one count of kidnapping, robbery and aggravated burglary. The charges arise from the killings of Ervin and Julia Tafoya in their home. The State seeks the death penalty for both killings based on the aggravating circumstance that the victims were killed to prevent them from reporting crimes they had witnessed. See NMSA 1978, § 31...

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