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STATE v. SANCHEZ

No. 16076.

923 P.2d 1165 (1996)

122 N.M. 280

STATE of New Mexico, Plaintiff-Appellee, v. Cruz Lujan SANCHEZ, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied October 2, 1996.

Attorney(s) appearing for the Case

Quinn Martin, Silver City, for Defendant-Appellant.

Tom Udall, Attorney General, William McEuen, Assistant Attorney General, Santa Fe, for Plaintiff-Appellee.

OPINION

BOSSON, Judge.

1. Defendant pleaded guilty to a particularly gruesome sexual assault involving second degree criminal sexual penetration (CSP II, during the commission of a felony), aggravated burglary (battery committed), kidnapping, and aggravated battery (great bodily harm). Defendant was sentenced to fifty-six years in the penitentiary. He now contends that his CSP II conviction merges with either

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