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STATE v. GARCIA

No. A-1-CA-37486.

504 P.3d 567 (2021)

2022-NMCA-008

STATE of New Mexico, Plaintiff-Appellee, v. Lee Waldo GARCIA, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied, January 16, 2022, No. S-1-SC-39085.

Attorney(s) appearing for the Case

Hector H. Balderas , Attorney General, Santa Fe, NM, M. Victoria Wilson , Assistant Attorney General, Albuquerque, NM, for Appellee.

Bennett J. Baur , Chief Public Defender, John Bennett , Assistant Appellate Defender, Santa Fe, NM, for Appellant.

OPINION

{1} Defendant Lee Waldo Garcia appeals his conviction and sentence for homicide by vehicle while under the influence of intoxicating liquor, contrary to NMSA 1978, Section 66-8-101(A), (C) (2016). Defendant argues that his conviction was the result of fundamental error because the jury instructions did...

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