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STATE v. PACHECO

No. 29,557.

155 P.3d 745 (2007)

2007-NMSC-009

STATE of New Mexico, Plaintiff-Petitioner, v. Raul PACHECO, Defendant-Respondent.

Supreme Court of New Mexico.

February 27, 2007.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, Martha Anne Kelly, Assistant Attorney General, Santa Fe, NM, for Petitioner.

John Bigelow, Chief Public Defender, Nancy M. Hewitt, Assistant Appellate Defender, Santa Fe, NM, for Respondent.

OPINION

CHÁVEZ, Chief Justice.

{1} In this case, an interpreter was sworn to interpret for two non-English speaking jurors throughout the court proceedings. Defendant appealed his convictions asserting that the interpreter should not have been present during jury deliberations without being given an additional instruction not to participate in the deliberations. The New Mexico Court of Appeals agreed in a majority opinion, holding that...

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