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STATE v. MONTOYA

No. 24,192.

104 P.3d 540 (2004)

136 N.M. 674

2005-NMCA-005

STATE of New Mexico, Plaintiff-Appellee, v. John MONTOYA, Jr., Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted January 4, 2005.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Anita Carlson, Assistant Attorney General, Santa Fe, NM for Appellee.

John B. Bigelow, Chief Public Defender, Sue A. Herrmann, Appellate Defender, Santa Fe, NM for Appellant.

Certiorari Granted, No. 28,972, January 4, 2005.

OPINION

FRY, Judge.

{1} In State v. Stein, 1999-NMCA-065, 127 N.M. 362, 981 P.2d 295, we examined the definition of "household member" in the Crimes Against Household Members Act, NMSA 1978, §§ 30-3-10 to -16 (1995, prior to 2001 amendment) (CAHMA), and concluded that the crime of "battery against a household...

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