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STATE v. MORALES

No. 26,969.

196 P.3d 490 (2008)

2008-NMCA-155

STATE of New Mexico, Plaintiff-Appellee, v. Nicholas MORALES, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted, No. 31,360, November 5, 2008.

Attorney(s) appearing for the Case

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

Hugh W. Dangler, Chief Public Defender, Susan Roth, Assistant Appellate Defender, Santa Fe, NM, for Appellant.

OPINION

CASTILLO, Judge.

{¶ 1} In this case, we consider the retroactive application of a 1997 statute eliminating the statute of limitations on the prosecution of first degree felonies. NMSA 1978, § 30-1-8(G) (1997, prior to amendments through 2005) (hereinafter the 1997 amendment). In 2005, Defendant was charged with five counts of criminal sexual penetration of a minor — all first degree felonies. The State alleged that these...

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