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STATE v. GONZALES

No. 15665.

912 P.2d 297 (1996)

121 N.M. 421

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

Court of Appeals of New Mexico.

January 17, 1996.

Attorney(s) appearing for the Case

Tom Udall, Attorney General, Patricia Gandert, Assistant Attorney General, Santa Fe, for Plaintiff-Appellant.

Hilary Lamberton, Lamberton & Riedel, Santa Fe, for Defendant-Appellee.

OPINION

BLACK, Judge.

1. Defendant, Seferino Gonzales, was charged with four counts of criminal sexual penetration of Rachel C. The State appeals the district court's decision to dismiss the charges. The court's order of dismissal states as follows:

THIS MATTER having come before the Court on December 1, 1993 on the Defendant's Motion to Dismiss, the Court makes the following findings of fact:

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