STATE v. WARSOP

No. 18106.

954 P.2d 748 (1997)

124 N.M. 683

1998-NMCA-033

STATE of New Mexico, Plaintiff-Appellee, v. Steven Andrew WARSOP, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied February 3, 1998.


Attorney(s) appearing for the Case

Tom Udall, Attorney General, Ann M. Harvey, Assistant Attorney General, Santa Fe, for Plaintiff-Appellee.

Leonard J. Foster, Albuquerque, for Defendant-Appellant.


OPINION

ARMIJO, Judge.

1. Defendant was convicted of retaliating against a witness in violation of NMSA 1978, Section 30-24-3(B) (1991) (prior to 1997 amendment). On appeal, he claims: (1) the evidence was not sufficient to support the element of intent required to sustain his conviction for retaliating against a witness; (2) the trial court erred by not instructing the jury on the lesser-included offense of "attempted retaliation against a witness...

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