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STATE v. KERBY

Nos. 29,336, 29,533.

156 P.3d 704 (2007)

2007-NMSC-014

STATE of New Mexico, Plaintiff-Petitioner, v. Leslie KERBY, Defendant-Respondent. State of New Mexico, Plaintiff-Respondent, v. Leslie Kerby, Defendant-Petitioner.

Supreme Court of New Mexico.

Rehearing Denied April 11, 2007.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, Martha Anne Kelly, Assistant Attorney General, Santa Fe, NM, for Plaintiff.

Titus & Murphy Law Firm, Victor A. Titus, Farmington, NM, for Defendant.

OPINION

SERNA, Justice.

{1} Defendant, Leslie Kerby, was charged with thirteen counts of criminal sexual contact of a minor ("CSCM") in violation of NMSA 1978, § 30-9-13(A)(1) (2001, prior to 2003 amendment). Only four of the thirteen counts were submitted to the jury, and the jury convicted Defendant on three counts. Defendant challenges his convictions on the basis that the statute of limitations...

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