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STATE v. MONTELONGO ESPARZA

No. A-1-CA-37917.

475 P.3d 815 (2020)

2020-NMCA-050

STATE of New Mexico, Plaintiff-Appellee, v. Juan MONTELONGO ESPARZA, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied, October 21, 2020, No. S-1-SC-38490.

Attorney(s) appearing for the Case

Hector H. Balderas , Attorney General, Maris Veidemanis , Assistant Attorney General, Santa Fe, NM, for Appellee.

Bennett J. Baur , Chief Public Defender, Charles D. Agoos , Assistant Appellate Defender, Santa Fe, NM, for Appellant.

OPINION

{1} Defendant Juan Montelongo Esparza appeals his conviction for leaving the scene of an accident (no great bodily harm or death), in violation of NMSA 1978, Section 66-7-201(D) (1989). We hold that the district court committed fundamental error in failing to properly instruct the jury on Defendant's...

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