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STATE v. ORTEGA

No. 26,533.

175 P.3d 929 (2007)

2008-NMCA-001

STATE of New Mexico, Plaintiff-Appellant, v. Joe ORTEGA, David Ortega, and Joshua Romo, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied December 10, 2007.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, Santa Fe, NM, Joel Jacobsen, Assistant Attorney General, Albuquerque, NM, for Appellant.

John Bigelow, Chief Public Defender, Will O'Connell, Assistant Appellate Defender, Santa Fe, NM, for Appellees.

Certiorari Denied, No. 30,697, December 10, 2007.

OPINION

KENNEDY, Judge.

{1} In this case we hold that the circumstances under which hearsay statements that were made by a child victim of criminal sexual penetration to a Sexual Assault Nurse Examiner (SANE) nurse are testimonial and subject to analysis under the Confrontation Clause. The district court's order excluded the statements for the following reasons: (1) the SANE nurse's primary reason...

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