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STATE v. MARTINEZ

No. 24,601.

137 P.3d 1195 (2006)

139 N.M. 741

2006-NMCA-068

STATE of New Mexico, Plaintiff-Appellee, v. Cynthia MARTINEZ, a/k/a Cynthia Navarrette, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted June 2, 2006.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Arthur W. Pepin, Assistant Attorney General, Santa Fe, NM, for Appellee.

John Bigelow, Chief Public Defender, Jennifer Byrns, Assistant Public Defender, Santa Fe, NM, for Appellant.

Certiorari Granted, No. 29,775, June 2, 2006.

OPINION

ROBINSON, Judge.

{1} Cynthia Martinez (Defendant) appeals her conviction, pursuant to a conditional plea, for felony child abuse, contrary to NMSA 1978, Section 30-6-1(D) (2005). The issue on appeal is whether the State, under current law, can prosecute a mother for child abuse when the mother uses cocaine during her pregnancy. We conclude that Section 30-6-1(D) does not apply to...

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