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STATE v. GALLEGOS

No. 29,538.

152 P.3d 828 (2007)

2007-NMSC-007

STATE of New Mexico, Plaintiff-Petitioner, v. Leonardo GALLEGOS, Defendant-Respondent.

Supreme Court of New Mexico.

February 23, 2007.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, Steven S. Suttle, Assistant Attorney General, Santa Fe, NM, for Petitioner.

John Bigelow, Chief Public Defender, Karl Erich Martell, Assistant Appellate Defender, Santa Fe, NM, for Respondent.

OPINION

CHÁVEZ, Chief Justice.

{1} Having granted the parties' motions for rehearing, we withdraw our opinion filed on February 1, 2007 and substitute the following in its place.

{2} Arguing that the trial court abused its discretion when it denied his motion to sever charges related to two victims, Defendant Leonardo Gallegos appeals his convictions of one count of criminal sexual contact of a minor ("CSCM") and two counts of aggravated indecent...

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