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STATE v. GUTIERREZ

No. 30,439.

286 P.3d 608 (2012)

2012-NMCA-095

STATE of New Mexico, Plaintiff-Appellee, v. Sonny J. GUTIERREZ, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied, August 13, 2012, No. 33,717.

Attorney(s) appearing for the Case

Gary K. King , Attorney General, Santa Fe, NM, Francine A. Chavez , Assistant Attorney General, Albuquerque, NM, for Appellee.

Jacqueline L. Cooper , Chief Public Defender, Will O'Connell , Assistant Appellate Defender, Santa Fe, NM, for Appellant.

OPINION

HANISEE, Judge.

{¶ 1} This case is among the flood of "double-description" type double jeopardy challenges this Court reviews each year. And while the legal path in this area is well worn, the facts here are surprisingly novel. Sonny Gutierrez (Defendant), a former employee of the Kentucky Fried Chicken (KFC) restaurant in Alamogordo, robbed nearly ten-thousand dollars from KFC assistant...

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