STATE v. SOSA

No. 26,863.

193 P.3d 955 (2008)

2008-NMCA-134

STATE of New Mexico, Plaintiff-Appellee, v. Jim SOSA, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted, No. 31,308, September 22, 2008.


Attorney(s) appearing for the Case

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

Caren I. Friedman, Santa Fe, NM, for Appellant.


OPINION

KENNEDY, Judge.

{1} Defendant appeals his convictions on two counts of criminal sexual penetration. The State's theory was that Defendant criminally sexually penetrated Victim while she was incapacitated by drugs or alcohol. We address a prosecutorial misconduct issue and an evidentiary issue. As general background, Victim testified that she believed she was drugged, but no toxicological evidence showed drugs in her system, nor did the jury hear...

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