OPINION
WOOD, Chief Judge.
Defendant was charged with four counts: Count 1, first degree CSP (criminal sexual penetration), § 40A-9-21, N.M.S.A. 1953 (2d Repl. Vol. 6, Supp. 1975); Count 2, aggravated assault, § 40A-3-2, N.M.S.A. 1953 (2d Repl. Vol. 6); Count 3, aggravated battery, § 40A-3-5, N.M.S.A. 1953 (2d Repl. Vol. 6); and Count 4, assault with intent to commit a violent felony, § 40A-3-3, N.M.S.A. 1953 (2d Repl. Vol. 6).
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