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State v. Sarracino

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eBook details

  • Title: State v. Sarracino
  • Author : New Mexico Supreme Court
  • Release Date : January 15, 1998
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 59 KB

Description

APPEAL FROM THE DISTRICT COURT OF CIBOLA COUNTY Martin G. Pearl, District Judge {1} A jury convicted Peter Sarracino of first degree murder of Jeremy Nelson, conspiracy to commit that murder, attempted murder of Julius Brown, false imprisonment of Nelson and of Brown, unlawful taking of a vehicle, and tampering with evidence. On appeal, Sarracino raises several points of error. He claims his due process rights were violated because the trial court, relying on UJI 14- 5015 use note NMRA 1998, refused to give the jury a cautionary instruction regarding accomplice testimony. He also challenges, pursuant to Rule 11-404(B) NMRA 1998, rulings admitting evidence he had committed ""crimes, wrongs or acts"" other than those with which he had been charged. Finally, he argues that the State produced insufficient evidence to support the convictions of first degree murder, conspiracy, and attempted murder. We hold that the trial court properly refused to give the jury a cautionary instruction, that the court did not err in admitting the evidence of uncharged crimes, and that there was sufficient evidence to support the convictions of first degree murder, conspiracy, and attempted murder. We therefore affirm.


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