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STATE v. GALLEGOS

No. 30,453.

206 P.3d 993 (2009)

2009-NMSC-017

STATE of New Mexico, Plaintiff-Appellee, v. Ernest Jose GALLEGOS, Defendant-Appellant.

Supreme Court of New Mexico.

April 21, 2009.

Attorney(s) appearing for the Case

Hugh W. Dangler, Chief Public Defender, Karl Erich Martell, Assistant Appellate Defender, Santa Fe, NM, for Appellant.

Gary K. King, Attorney General, Andrew S. Montgomery, Assistant Attorney General, Santa Fe, NM, for Appellee.

OPINION

BOSSON, Justice.

{1} The decision filed on March 23, 2009, in this case is withdrawn and the following substituted therefor.

{2} Jim Hogan was brutally killed by an armed burglar in the garage of his home on a Tuesday night in August, 2004. His wife, Carole Hogan, sat bound and blindfolded inside the home after succumbing to the intruder and waited helplessly while her husband was beaten to death in their garage...

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