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STATE v. APODACA

No. 16894.

940 P.2d 478 (1997)

123 N.M. 372

1997-NMCA-051

STATE of New Mexico, Plaintiff-Appellee, v. Gilbert APODACA, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied June 3, 1997.

Attorney(s) appearing for the Case

Tom Udall, Attorney General, Santa Fe, Steven S. Suttle, Assistant Attorney General, Albuquerque, for Appellee.

T. Glenn Ellington, Chief Public Defender, Christopher Bulman, Assistant Appellate Defender, Santa Fe, for Appellant.

OPINION

HARTZ, Chief Judge.

(1) Defendant contends that he has been acquitted of the charge of criminal sexual penetration (CSP) in the second degree and that the prohibition against double jeopardy precludes the State from retrying him on that charge. He appeals from the denial of his motion for entry of a verdict of not guilty on the CSP charge and from an order that declared a mistrial and ruled...

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