STATE v. WHITTINGTON

No. 27,131.

183 P.3d 970 (2008)

2008-NMCA-063

STATE of New Mexico, Plaintiff-Appellant, v. Ray WHITTINGTON, Defendant-Appellee.

Court of Appeals of New Mexico.

March 26, 2008.


Attorney(s) appearing for the Case

Gary K. King, Attorney General, Anita Carlson, Assistant Attorney General, Santa Fe, NM, for Appellant.

The Jones Witt Law Firm, S. Doug Jones Witt, Roswell, NM, for Appellee.


OPINION

VIGIL, Judge.

{1} The district court dismissed one count of a criminal complaint charging Defendant with criminal sexual contact of a minor (CSCM) on grounds that the prosecution was barred by the statute of limitations. The State appeals, contending that the district court erred in its application of the tolling statute, NMSA 1978, Section 30-1-9.1 (1987), and in its resolution of the factual dispute as to when the statute of limitations...

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