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STATE v. GONZALES

No. 8737.

731 P.2d 381 (1986)

105 N.M. 238

STATE of New Mexico, Plaintiff-Appellant, v. Francisco GONZALES, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Quashed January 9, 1987.

Attorney(s) appearing for the Case

Paul G. Bardacke, Atty. Gen., Elizabeth Major, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

Donald D. Montoya, Montoya, Murphy, Kauffman & Garcia, Santa Fe, Ron Koch Koch & Jones, P.A., Albuquerque, for defendant-appellee.

OPINION

HENDLEY, Chief Judge.

The trial court granted defendant a new trial following his conviction for criminal sexual penetration in the second degree. The state appeals, raising the single issue of whether the trial court abused its discretion in granting defendant a new trial. We affirm.

Facts

Defendant was charged with criminal sexual penetration. His first trial resulted in a hung jury, 7-5 for acquittal, and a mistrial was declared...

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