STATE v. RODRIGUEZ

No. 28,867.

134 P.3d 737 (2006)

139 N.M. 450

2006-NMSC-018

STATE of New Mexico, Plaintiff-Petitioner, v. Conrado RODRIGUEZ, Defendant-Respondent.

Supreme Court of New Mexico.

April 19, 2006.


Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Anita Carlson, Assistant Attorney General, Santa Fe, NM, for Petitioner.

John Bigelow, Chief Public Defender, Jennifer Byrns, Assistant Appellate Defender, Santa Fe, NM, for Respondent.


OPINION

CHÁVEZ, Justice.

{1} It is undisputed in this case that, with respect to the DWI charge against Defendant, the jury foreman mistakenly signed the not guilty verdict form when the jury had unanimously found Defendant guilty. The error was reported to the bailiff by some of the jurors shortly after the trial judge announced that the jury was discharged. The question in this case is whether, having...

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