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STATE v. LEYBA

No. 32,541.

289 P.3d 1215 (2012)

2012-NMSC-037

STATE of New Mexico, Plaintiff-Appellee, v. Marino K. LEYBA, Jr., Defendant-Appellant.

Supreme Court of New Mexico.

October 22, 2012.

Attorney(s) appearing for the Case

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

Gary K. King , Attorney General, Yvonne Marie Chicoine , Assistant Attorney General, Santa Fe, NM, for Appellee.

OPINION

BOSSON, Justice.

INTRODUCTION

{1} In this first-degree murder case, the State improperly admitted into evidence a diary of the decedent which was inadmissible hearsay. Because the diary was important to the State's case, and the State repeatedly relied upon its contents throughout the trial, we conclude that the error was not harmless and the convictions must be reversed. Accordingly, we remand to the district court for a new...

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