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STATE v. HERRERA

No. 31,874.

315 P.3d 343 (2013)

2014-NMCA-007

STATE of New Mexico, Plaintiff-Appellee, v. Israel HERRERA, Defendant-Appellant.

Court of Appeals of New Mexico.

October 7, 2013.

Attorney(s) appearing for the Case

Gary K. King , Attorney General, Ann M. Harvey , Assistant Attorney General, Santa Fe, NM, for Appellee.

Bennett J. Baur , Acting Chief Public Defender, Karl Erich Martell , Assistant Appellate Defender, Santa Fe, NM, for Appellant.

OPINION

KENNEDY, Chief Judge.

{1} Israel Herrera (Defendant) raises a number of challenges to his convictions for second-degree murder and third-degree tampering with evidence. Defendant's most substantive argument is his contention that his conviction for third-degree tampering with evidence violated his constitutional rights to due process and trial by jury because the jury was not instructed that it must find that the evidence Defendant tampered...

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