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STATE v. BRECHEISEN

No. 7365.

677 P.2d 1074 (1984)

101 N.M. 38

STATE of New Mexico, Plaintiff-Appellee, v. Duane BRECHEISEN, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied March 1, 1984.

Attorney(s) appearing for the Case

Janet Clow, Chief Public Defender, Susan Gibbs, Asst. Appellate Defender, Santa Fe, for defendant-appellant.

Paul Bardacke, Atty. Gen., Anthony Tupler, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

BIVINS, Judge.

Defendant appeals from his conviction for criminal sexual penetration (CSP) which resulted in personal injury to the victim, in violation of NMSA 1978, § 30-9-11(B). The CSP conviction occurred following defendant's second trial on the charge. At the first trial the jury returned a verdict against him for misdemeanor battery and disorderly conduct but could not reach agreement regarding CSP. The trial court declared a mistrial...

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