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State V. Stampley

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eBook details

  • Title: State V. Stampley
  • Author : New Mexico Supreme Court
  • Release Date : January 19, 1999
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 64 KB

Description

{1} Pursuant to Rule 12-102(A)(1) NMRA 1999, Appellant Ramone Stampley ("Stampley") seeks review of his conviction for first degree murder, attempted first degree murder, drug trafficking, and aggravated assault. On appeal, we examine the following issues: 1) whether the trial court should have suppressed both in-court and out-of-court identifications as impermissibly suggestive; 2) whether the trial court erred in allowing the State to present hearsay evidence; 3) whether substantial evidence exists to support Stampley's drug trafficking conviction and 4) whether Stampley may have been convicted of a nonexistent crime -- attempted depraved mind murder. We affirm in regard to the first three issues but reverse Stampley's conviction for attempted first degree murder and remand for a new trial on the charge of attempted first degree murder by deliberate killing, with the lesser included offense of attempted second degree murder by intentional killing and volunteer manslaughter.


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