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STATE v. SWICK

No. 32,510.

279 P.3d 747 (2012)

2012-NMSC-018

STATE of New Mexico, Plaintiff-Respondent, v. Michael SWICK, Defendant-Petitioner.

Supreme Court of New Mexico.

June 1, 2012.

Attorney(s) appearing for the Case

Jacqueline Cooper , Chief Public Defender, Kathleen T. Baldridge , Assistant Appellate Defender, Santa Fe, NM, for Petitioner.

Gary K. King , Attorney General, Joel Jacobsen , Assistant Attorney General, Santa Fe, NM, for Respondent.

OPINION

CHÁVEZ, Justice.

{1} On the morning of January 21, 2006, Michael Swick, along with his cousin, Benito Lopez, and the victim, Alex Ogle, began a day of cruising and drinking alcohol in a borrowed Jeep. The three rode around for most of the day getting the Jeep stuck. Late in the afternoon, Swick and his cousin also consumed cocaine. They decided to walk because the Jeep was stuck and it was getting dark. Shortly thereafter, Swick...

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