OPINION
BACA, Justice.
{1} Defendant was convicted of kidnapping contrary to NMSA 1978, § 30-4-1(A)(4) (1995), two counts of second-degree criminal sexual penetration (fellatio) contrary to NMSA 1978, § 30-9-11(D) (1995), and misdemeanor aggravated battery as a lesser included offense to criminal sexual penetration
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