STATE v. JOHNSON

No. 26,878.

190 P.3d 350 (2008)

2008-NMCA-106

STATE of New Mexico, Plaintiff-Appellant, v. Derrick JOHNSON, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Granted, No. 31,215, August 6, 2008.


Attorney(s) appearing for the Case

Gary K. King, Attorney General, Santa Fe, NM, M. Anne Kelly, Assistant Attorney General, Albuquerque, NM, for Appellant.

John Bigelow, Chief Public Defender, Nina Lalevic, Assistant Appellate Defender, Santa Fe, NM, for Appellee.


OPINION

KENNEDY, Judge.

{1} The State appeals a district court order dismissing charges against Defendant Derrick Johnson. Defendant was charged with three counts of battery upon a school employee, contrary to NMSA 1978, § 30-3-9(E) (1989). The district court found that the three victims were not school employees as contemplated by Section 30-3-9. The State argues that the three victims were school employees and asks this Court to reverse...

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