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STATE v. PERRY

No. 26,842.

207 P.3d 1185 (2009)

2009-NMCA-052

STATE of New Mexico, Plaintiff-Appellee, v. Clark PERRY, Defendant-Appellant.

Court of Appeals of New Mexico.

April 7, 2009.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, Andrea Sassa, Assistant Attorney General, Santa Fe, NM, for Appellee.

Hugh W. Dangler, Chief Public Defender, Nancy M. Hewitt, Appellate Defender, Joseph P. Walsh, Assistant Appellate Defender, Santa Fe, NM, for Appellant.

OPINION

CASTILLO, Judge.

{1} Defendant's grounds for appeal are several. Relying on the Fifth Amendment to the United States Constitution as well as Article II, Section 15 of the New Mexico Constitution, Defendant contends that investigators should have ceased to question him thereby making his answers to their questions inadmissible. Additionally, Defendant asserts that the trial court tendered improper jury instructions, that the prosecutor...

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