State v. O'NEAL

OPINION

BUSTAMANTE, Judge.

{1} Defendant Patrick O’Neal (Defendant) appeals his convictions for unlawful killing of deer and unlawful possession of deer. The district court allowed the State to introduce evidence at trial regarding Defendant’s notice of alibi, which is expressly forbidden under Rule 5-508(E) NMRA. The questions presented in this case are: (1) whether Defendant preserved his claim of error under Rule 5-508(E); (2) whether the district court erred in allowing the State to introduce the evidence regarding Defendant’s notice of alibi and, if so, whether that error was harmless; and…