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STATE v. MONDRAGON

No. 26,346.

203 P.3d 105 (2008)

2008-NMCA-157

STATE of New Mexico, Plaintiff-Appellee, v. Jeremy MONDRAGON, Defendant-Appellant.

Court of Appeals of New Mexico.

October 27, 2008.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, Santa Fe, NM, M. Victoria Wilson, Assistant Attorney General, Albuquerque, NM, for Appellee.

Hugh W. Dangler, Chief Public Defender, Kathleen T. Baldridge, Assistant Appellate Defender, Santa Fe, NM, for Appellant.

OPINION

CASTILLO, Judge.

{1} The question before us is whether injuries inflicted on a fetus, which result in the death of a child born alive, support a charge for child abuse resulting in death under NMSA 1978, § 30-6-1(E) (2004) (amended 2005). Based on the language of the statute, we conclude that the trial court erred by denying Defendant's motion to dismiss the charges, and we reverse.

I. BACKGROUND

{2}

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