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STATE v. PEREA

No. 26,617.

194 P.3d 738 (2008)

2008-NMCA-147

STATE of New Mexico, Plaintiff-Appellee, v. Paul PEREA, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied, No. 31,276, September 4, 2008.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, M. Anne Kelly, Assistant Attorney General, Albuquerque, NM, for Appellee.

John Bigelow, Chief Public Defender, Kathleen T. Baldridge, Assistant Appellate Defender, Santa Fe, NM, for Appellant.

OPINION

KENNEDY, Judge.

{1} Defendant Paul Perea appeals his convictions of third degree criminal sexual penetration (CSP III) by use of force, contrary to NMSA 1978, § 30-9-11 (2003) (amended 2007), and enticement of a child, contrary to NMSA 1978, § 30-9-1 (1963). Defendant argues on appeal that the evidence only supports a conviction for CSP IV (criminal sexual penetration of a child between thirteen and sixteen years of age) and...

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