STATE v. GABALDON

No. 3519.

582 P.2d 1306 (1978)

92 N.M. 93

STATE of New Mexico, Plaintiff-Appellee, v. Robert GABALDON, Defendant-appellant.

Court of Appeals of New Mexico.

August 8, 1978.


Attorney(s) appearing for the Case

John B. Bigelow, Chief Public Defender, Michael J. Dickman, Asst. Appellate Defender, Santa Fe, for appellant.

Toney Anaya, Atty. Gen., Jacob G. Vigil, Asst. Atty. Gen., Santa Fe, for appellee.


OPINION

WOOD, Chief Judge.

Defendant was convicted of CSP II (criminal sexual penetration in the second degree) and aggravated battery. Subsequently, an enhanced sentence was imposed upon defendant as an habitual offender. Defendant's appeal presents one issue — that the CSP II in this case is the same offense as criminal sexual contact, that equal protection of the law was violated by submitting to the jury the second degree felony, CSP II, rather...

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