STATE v. CORTEZ

No. 25,406.

159 P.3d 1108 (2007)

2007-NMCA-054

STATE of New Mexico, Plaintiff-Appellee, v. Hector CORTEZ, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted May 11, 2007.


Attorney(s) appearing for the Case

Gary K. King, Attorney General, Santa Fe, NM, Jacqueline R. Medina, Assistant Attorney General, Albuquerque, NM, for Appellee.

John Bigelow, Chief Public Defender, Cordelia A. Friedman, Assistant Appellate Defender, Santa Fe, NM, for Appellant.


Certiorari Granted, No. 30,288, May 11, 2007.

OPINION

SUTIN, Chief Judge.

{1} Defendant Hector Cortez appeals his convictions relating to trafficking cocaine. He asserts error because, in response to a note from the jury expressing an inability to reach a verdict and revealing the numerical division with nine for conviction and three against, the district court spoke to the foreperson of the jury without the rest of the jury present, soon after which...

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