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STATE v. SANCHEZ

No. 30,255.

198 P.3d 337 (2008)

2008-NMSC-066

STATE of New Mexico, Plaintiff-Appellant, v. David SANCHEZ, Defendant-Appellee.

Supreme Court of New Mexico.

November 24, 2008.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, M. Victoria Wilson, Assistant Attorney General, Santa Fe, NM, for Appellant.

McGarry Law Office, Kathleen McGarry, Glorieta, NM, for Appellee.

OPINION

MAES, Justice.

{1} This direct appeal addresses the presentment of evidence in the penalty phase of a capital appeal. The Capital Felony Sentencing Act (CFSA), NMSA 1978, §§ 31-20A-1 to -6 (1979, as amended), directs the jury to weigh aggravating and mitigating circumstances to determine the appropriate sentence. The State appeals from the district court's pretrial ruling that evidence of Defendant's prior convictions may be...

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