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STATE v. BENALLY

No. S-1-SC-37613.

493 P.3d 366 (2021)

2021-NMSC-027

STATE of New Mexico, Plaintiff-Petitioner, v. Milo BENALLY, Defendant-Respondent.

Supreme Court of New Mexico.

Filing Date: May 20, 2021.

Attorney(s) appearing for the Case

Hector H. Balderas , Attorney General, Walter M. Hart, III , Assistant Attorney General, Santa Fe, NM, for Petitioner.

Bennett J. Baur , Chief Public Defender, Nina Lalevic , Assistant Appellate Defender, Santa Fe, NM, for Respondent.

OPINION

{1} We granted certiorari to review whether Defendant Milo Benally's two convictions for "[p]ossession of deadly weapon or explosive by prisoner," NMSA 1978, § 30-22-16 (1986), violated his double jeopardy rights under the United States and New Mexico Constitutions. State v. Benally, 2019...

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