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14-6007. Jury must not consider penalty.

            You must not concern yourself with the consequences of your verdict.

 

USE NOTES

            This is a proper instruction to be given in every case. In light of the legislative repeal of the verdict of guilty but mentally ill, where evidence is presented of mental illness, or in cases presenting defenses related to the inability to form specific intent, this instruction may be of particular importance to the jury’s deliberations.  See 2010 N.M. Laws, ch. 97, § 1 (repealing NMSA 1978, § 31-9-3 relating to the plea, verdict, and sentence of “guilty but mentally ill”); see also UJI 14-5110; -5111 NMRA.

[As amended by Supreme Court Order No. 15-8300-004, effective for all cases pending or filed on or after December 31, 2015.]

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