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State v. Lucero

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eBook details

  • Title: State v. Lucero
  • Author : New Mexico Supreme Court
  • Release Date : January 25, 1998
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 56 KB

Description

APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY Richard J. Knowles, District Judge OPINION {1} Defendant-Appellant Marcos Lucero was convicted of first degree murder, aggravated battery, and tampering with evidence, and sentenced to life imprisonment plus five and a half years. Defendant appeals to this Court pursuant to Rule 12-102(A)(1) NMRA 1998 (appeal from life sentence taken to the Supreme Court), alleging that the trial court erred by: (1) denying his proffered jury instructions on self defense and defense of others; (2) refusing to admit into evidence the State's charging instrument filed against a witness; (3) allowing the State to redact portions of Defendant's recorded statement; (4) failing to dismiss the indictment because the State did not present allegedly exculpatory evidence to the grand jury; (5) allowing the State to illustrate applicable law in an impermissible manner before the grand jury; and (6) allowing the State to amend the indictment to add the charge of depraved mind murder and in finding that Defendant had no right to a peremptory excusal of the trial court Judge. We affirm Defendant's convictions. FACTS AND BACKGROUND


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