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STATE v. WALTERS

No. 29,806.

168 P.3d 1068 (2007)

2007-NMSC-050

STATE of New Mexico, Plaintiff-Petitioner, v. Andrew WALTERS, Sr., Defendant-Respondent.

Supreme Court of New Mexico.

August 28, 2007.

Attorney(s) appearing for the Case

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

Law Offices of Nancy L. Simmons, P.C., Nancy L. Simmons, Albuquerque, NM, for Respondent.

OPINION

MAES, Justice.

{1} As a result of the death of Defendant's five-month-old daughter, Baby Briana, a jury convicted Defendant, Andrew Walters, of intentional child abuse resulting in death or great bodily harm, contrary to NMSA 1978, § 30-6-1 (2001); conspiracy to commit intentional child abuse resulting in death or great bodily harm, contrary to NMSA 1978, § 30-28-2 (1979) and Section 30-6-1; criminal sexual penetration of a...

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