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STATE v. MONTOYA

No. 3403.

580 P.2d 973 (1978)

91 N.M. 752

STATE of New Mexico, Plaintiff-Appellee, v. Tonie MONTOYA, Defendant-Appellant.

Court of Appeals of New Mexico.

Writ of Certiorari Denied June 14, 1978.

Attorney(s) appearing for the Case

John B. Bigelow, Chief Public Defender, Reginald J. Storment, Appellate Defender, Martha Daly, Asst. Appellate Defender, Santa Fe, for defendant-appellant.

Toney Anaya, Atty. Gen., Paquin M. Terrazas, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

WOOD, Chief Judge.

Defendant appeals his conviction of criminal sexual penetration in the second degree. We discuss: (1) application of § 40A-9-26, N.M.S.A. 1953 (2d Repl. Vol. 6, Supp. 1975); (2) compulsory process; and (3) summarily answer other issues.

Application of § 40A-9-26, supra

Section 40A-9-26(A), supra, limits the admissibility of evidence of the victim's past...

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