STATE v. LUCERO

No. 29,857.

163 P.3d 489 (2007)

2007-NMSC-041

STATE of New Mexico, Plaintiff-Petitioner, v. Martin LUCERO, Defendant-Respondent.

Supreme Court of New Mexico.

June 27, 2007.


Attorney(s) appearing for the Case

Gary K. King, Attorney General Margaret McLean, Assistant Attorney General Santa Fe, NM, for Petitioner.

Robert E. Tangora, L.L.C., Robert E. Tangora, Santa Fe, NM, for Respondent.


OPINION

SERNA, Justice.

{1} Martin Lucero (Defendant) was charged with robbery against a person sixty years of age or older, larceny, and tampering with evidence. At the time of the trial, Aileen Yule (Victim) was seventy-seven years old. An October 24, 2002, criminal complaint alleged that Defendant had committed a crime against the elderly, contrary to NMSA 1978, Section 31-18-16.1 (1993, repealed 2003). The jury found Defendant guilty of the charges,...

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