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STATE v. SWICK

No. 28,316.

242 P.3d 462 (2010)

2010-NMCA-098

STATE of New Mexico, Plaintiff-Appellee, v. Michael SWICK, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted, October 28, 2010, No. 32,510.

Attorney(s) appearing for the Case

Gary K. King , Attorney General, Farhan Khan , Assistant Attorney General, Santa Fe, NM, for Appellee.

Hugh W. Dangler , Chief Public Defender, Kathleen T. Baldridge , Assistant Appellate Defender, Santa Fe, NM, for Appellant.

OPINION

WECHSLER, Judge.

{1} Defendant Michael Swick was convicted of second degree murder, attempted murder (two counts), aggravated battery (deadly weapon, two counts), aggravated burglary (battery, two counts, and deadly weapon, one count), armed robbery (two counts), conspiracy (two counts), and unlawful taking of a motor vehicle. On appeal, Defendant raises four issues, contending that: (1) the second degree murder instruction was improper...

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