STATE v. URIOSTE

Nos. 4005, 4006 and 4008.

601 P.2d 737 (1979)

93 N.M. 504

STATE of New Mexico, Plaintiff-Appellee, v. James URIOSTE, Frank Sena, Jr., and Ruben Orosco, Defendants-appellants.

Court of Appeals of New Mexico.

September 18, 1979.


Attorney(s) appearing for the Case

John B. Bigelow, Public Defender, Santa Fe, Mark H. Shapiro, Asst. Public Defender, Albuquerque, for defendants-appellants.

Jeff Bingaman, Atty. Gen., Arthur Encinias, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

WOOD, Chief Judge.

Section 30-9-11(B), N.M.S.A.1978 defines CSP II (criminal sexual penetration in the second degree) to include CSP perpetrated "by the use of force or coercion when the perpetrator is aided or abetted by one or more persons... ." We discuss the meaning of the aiding and abetting language in this statute.

At a consolidated trial, Orosco was convicted of CSP II. Sena and Urioste were convicted of being accessories to Orosco...

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