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STATE v. MONTOYA

NO. 35,006.

392 P.3d 223 (2016)

2017-NMCA-033

STATE of New Mexico, Plaintiff-Appellee, v. Joseph MONTOYA, aka Joseph E. Montoya, aka Joseph Emeterio Montoya, aka Jose Montoya, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied, February 24, 2017, No. S-1-SC-36280.

Attorney(s) appearing for the Case

Hector H. Balderas , Attorney General, Santa Fe, NM, Elizabeth Ashton , Assistant Attorney General, Albuquerque, NM, for Appellee.

L. Helen Bennett , Albuquerque, NM, for Appellant.

OPINION

{1} This case turns on whether Defendant's conviction for his robbery of the victim he earlier robbed and killed can stand given that the victim was already dead at the time of the second robbery. The question presented to us is one of "personhood," Defendant contends. He asserts that just as one cannot...

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