OPINION
FRANCHINI, Justice.
Defendant appeals his conviction of fourth-degree criminal sexual penetration, pursuant to NMSA 1978, Section 30-9-11(D) (Cum.Supp. 1990), on the ground that the trial court should have considered his defense of mistake of fact. The case was tried to the court. We agree with defendant and reverse the trial court and court of appeals.
As a preliminary matter we point out that it would have been helpful to this Court if...
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