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STATE v. KIRBY

No. 29,257.

161 P.3d 883 (2007)

2007-NMSC-034

STATE of New Mexico, Plaintiff-Respondent, v. Richard G. KIRBY, Defendant-Petitioner.

Supreme Court of New Mexico.

June 13, 2007.

Attorney(s) appearing for the Case

John Bigelow, Chief Public Defender William A. O'Connell, Assistant Appellate Defender, Santa Fe, NM, for Petitioner.

Gary K. King, Attorney General Ann M. Harvey, Assistant Attorney General, Santa Fe, NM, for Respondent.

OPINION

BOSSON, Justice.

{1} An independent website designer creates a website on the internet under contract with a business seeking to use the website for commercial purposes. In breach of the contract, the website designer is never paid and is locked out from access to the website. Under these circumstances, may the person who hired the website designer be convicted of criminal fraud, defined as obtaining a website belonging to "someone other than the...

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