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STATE v. COLLIER

No. 32,915.

301 P.3d 370 (2013)

2013-NMSC-015

STATE of New Mexico, Plaintiff-Petitioner and Cross-Respondent v. Greg COLLIER, Defendant-Respondent and Cross-Petitioner.

Supreme Court of New Mexico.

March 25, 2013.

Attorney(s) appearing for the Case

Gary K. King , Attorney General, Joel Jacobsen , Assistant Attorney General, Santa Fe, NM, for Petitioner and Cross-Respondent.

Caren Ilene Friedman , Santa Fe, NM, The Pickett Law Firm, L.L.C., Lawrence M. Pickett , Las Cruces, NM, for Respondent and Cross-Petitioner.

Albright Law and Consulting, Jennifer Rebecca Albright , Barbara E. Bergman , Albuquerque, NM, Jones, Snead, Wertheim & Wentworth, P.A., Jerry Todd Wertheim , Trace L. Rabern, Attorney and Counselor at Law, L.L.C., Trace L. Rabern , Santa Fe, NM, for Amicus Curiae New Mexico Criminal Defense Lawyers Association.

OPINION

MAES, Chief Justice.

{1} Greg Collier (Defendant) was indicted in August 2006 for extreme cruelty to animals, a fourth-degree felony, after a horse that Defendant had been training died shortly after a training session. A jury acquitted Defendant of felony extreme cruelty to animals but was unable to reach a unanimous verdict on the lesser included offense of misdemeanor cruelty to animals,...

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