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STATE v. BOYETT

No. 29,730.

185 P.3d 355 (2008)

2008-NMSC-030

STATE of New Mexico, Plaintiff-Appellee, v. Cecil BOYETT, Defendant-Appellant.

Supreme Court of New Mexico.

April 28, 2008.

Attorney(s) appearing for the Case

John Bigelow, Chief Public Defender, Sheila Lewis, Assistant Appellate Defender, Santa Fe, NM, for Appellant.

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

OPINION

SERNA, Justice.

{1} Defendant Cecil Boyett appeals from his conviction for the first degree murder of Deborah Rhodes (Victim), contrary to NMSA 1978, Section 30-2-1(A) (1963, as amended through 1994). He alleges that the trial court erred in refusing to instruct the jury on his theory of the case and in denying his motion for a new trial. We discern no error and affirm Defendant's conviction.

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