State v. Smith

IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO Opinion Number: ______________ Filing Date: March 19, 2013 Docket No. 31,265 STATE OF NEW MEXICO, Plaintiff-Appellee, v. VERNARD SMITH, Defendant-Appellant. APPEAL FROM THE DISTRICT COURT OF SAN JUAN COUNTY Thomas J. Hynes, District Judge Gary K. King, Attorney General James W. Grayson, Assistant Attorney General Santa Fe, NM for Appellee Bennett J. Baur, Acting Chief Public Defender J.K. Theodosia Johnson, Assistant Appellate Defender Santa Fe, NM for Appellant OPINION KENNEDY, Chief Judge. {1} This case requires us to determine whether the…