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STATE v. MAESTAS

No. 24507.

112 P.3d 1134 (2005)

137 N.M. 477

2005-NMCA-062

STATE of New Mexico, Plaintiff-Appellee, v. Charles MAESTAS, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted May 20, 2005.

Attorney(s) appearing for the Case

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

David Henderson, Downing & Henderson, P.C., Santa Fe, for Appellant.

Certiorari Granted, No. 29,178, May 20, 2005.

OPINION

FRY, J.

{1} In this appeal we consider whether coercion is an essential element of second degree criminal sexual penetration perpetrated in the commission of another felony (CSP II (felony)), contrary to NMSA 1978, § 30-9-11(D)(5) (2003). Defendant Charles Maestas, who was an Española municipal judge at the time of the charged events...

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