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STATE v. SCHOONMAKER

No. 23,927.

105 P.3d 302 (2004)

136 N.M. 749

2005-NMCA-012

STATE of New Mexico, Plaintiff-Appellee, v. Jake SCHOONMAKER, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted January 21, 2005.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, James O. Bell, Assistant Attorney General, Santa Fe, NM, for Appellee.

John B. Bigelow, Chief Public Defender, Steven J. Potter, Assistant Appellate Defender, Santa Fe, NM, for Appellant.

Certiorari Granted, No. 28,954, January 21, 2005.

OPINION

BUSTAMANTE, Judge.

{1} Defendant appeals his conviction for Child Abuse, NMSA 1978, § 30-6-1(D)(1), (2) (2001), and sentencing as a serious violent offense pursuant to NMSA 1978, § 33-2-34(L)(4)(n) (2004). The issues raised are whether: (1) the jury was properly instructed on negligent child abuse, (2) an acquittal on intentional child abuse and subsequent prosecution for...

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