STATE v. HOLLOWAY

No. 9707.

740 P.2d 711 (1987)

106 N.M. 161

STATE of New Mexico, Plaintiff-Appellee, v. Barry K. HOLLOWAY, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied October 14, 1987.


Attorney(s) appearing for the Case

Hal Stratton, Atty. Gen., Bill Primm, Anthony Tupler, Asst. Attys. Gen., Santa Fe, for plaintiff-appellee.

Juan B. Montoya, Anna G. Martinez, Albuquerque, for defendant-appellant.


OPINION

DONNELLY, Chief Judge.

Defendant appeals his convictions of criminal sexual penetration and criminal sexual contact of a minor. We discuss whether defendant's convictions resulted from a unanimous jury verdict. We find this issue dispositive of the appeal and reverse and remand for a new trial.

At the conclusion of defendant's trial and following deliberations, the jury returned to the courtroom and the foreman announced that the jury had...

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