State v. Garcia

VANDE WALLE, Justice.

Jesse Garcia appealed from an order denying his motion for a new trial. We affirm.

Garcia was convicted by a jury on December 9, 1987, for the crime of murder. His conviction was affirmed by this court in State v. Garcia, 425 N.W.2d 918 (N.D.1988) [Garcia I]. The facts underlying Garcia’s conviction are set forth in Garcia I and will not be repeated except as they are necessary to dispose of this appeal.

Garcia was convicted of murdering Thomas Leek, who died after suffering nineteen cut-and-stab wounds to the upper portion of his body. The State’s primary witness,…