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STATE v. BRANCH

No. 31,538.

241 P.3d 602 (2010)

2010-NMSC-042

STATE of New Mexico, Plaintiff-Appellee, v. Christopher BRANCH, Defendant-Appellant.

Supreme Court of New Mexico.

August 18, 2010.

Attorney(s) appearing for the Case

Aarons Law Firm, P.C., Stephen D. Aarons , Santa Fe, NM, for Appellant.

Gary K. King , Attorney General, Max W. Shepherd , Assistant Attorney General, Santa Fe, NM, for Appellee.

OPINION

SERNA, Justice.

{1} Pursuant to Rule 12-102(A)(1) NMRA, Christopher Branch (Defendant) is before this Court on direct appeal from his conviction for first-degree murder. He raises two issues on appeal: (1) whether the district court erred in admitting evidence of Defendant's prior conviction for robbery, and (2) whether the predicate felonies on which the jury was instructed constituted an impermissible variance to the indictment. We...

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