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STATE v. GARDNER

No. 22,321.

76 P.3d 47 (2003)

134 N.M. 294

2003-NMCA-107

STATE of New Mexico, Plaintiff-Appellee, v. James GARDNER, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari denied August 14, 2003.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Max Shepherd, Assistant Attorney General, Albuquerque, NM, for Appellee.

James W. Klipstine, Jr., James W. Klipstine, Jr., L.L.C., Hobbs, NM, for Appellant.

Certiorari denied, No. 28,158, August 14, 2003.

OPINION

FRY, Judge.

{1} Defendant James Gardner appeals his conviction, after a jury trial, of four counts of criminal sexual contact of a minor (CSCM) in the third degree. See NMSA 1978, § 30-9-13 (2001). His challenge to the trial court's judgment and sentence raises five issues: (1) whether the trial court should have granted a mistrial based on an alleged comment by a member of...

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