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STATE v. GUTIERREZ

No. 28,754.

263 P.3d 282 (2011)

2011-NMCA-088

STATE of New Mexico, Plaintiff-Appellee, v. Jose M. GUTIERREZ, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied, No. 33,106, August 1, 2011.

Attorney(s) appearing for the Case

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

Robert E. Tangora, L.L.C., Robert E. Tangora , Santa Fe, NM, for Appellant.

OPINION

KENNEDY, Judge.

{1} Defendant Jose Gutierrez's involvement in an April 2005 altercation resulted in two separate grand juries indicting him on a total of ten counts of criminal behavior. The two indictments were joined for trial. The first trial resulted in a conviction on one count, acquittal on two counts, and a hung jury mistrial on the remaining counts. Defendant appealed the conviction. While that appeal was pending, a second trial...

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