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STATE v. SILVA

No. 24,273.

168 P.3d 1110 (2007)

2007-NMCA-117

STATE of New Mexico, Plaintiff-Appellee, v. Juan SILVA, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted, August 15, 2007.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, Santa Fe, NM, Joel Jacobsen, Assistant Attorney General, Albuquerque, NM, for Appellee.

Kennedy & Han, P.C., Paul J. Kennedy, Albuquerque, NM, Caren I. Friedman, Santa Fe, NM, for Appellant.

OPINION

KENNEDY, Judge.

{1} Defendant Juan Silva appeals his convictions for second-degree murder, conspiracy to commit second-degree murder, and tampering with evidence. We reverse his conviction for tampering with evidence as unsupported by substantial evidence. We affirm the district court's ruling that the hearsay statement of a co-defendant was admissible as a statement against penal interest. Last, we hold that the district court's refusal...

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