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STATE v. ATCITTY

Nos. 27,189, 27,333, 27,940.

215 P.3d 90 (2009)

2009-NMCA-086

STATE of New Mexico, Plaintiff-Appellee, v. Arnold ATCITTY, Defendant-Appellant, State of New Mexico, Plaintiff-Appellee, v. Norman Jim, Defendant-Appellant, and State of New Mexico, Plaintiff-Appellee, v. Michael Billy, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted, No. 31,791, August 12, 2009.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, Andrew S. Montgomery, Assistant Attorney General, Santa Fe, NM, for Appellee.

Hugh W. Dangler, Chief Public Defender, S. Erin Brunson, Assistant Appellate Defender, Santa Fe, NM, for Appellants.

OPINION

BUSTAMANTE, Judge.

{1} The question presented in these consolidated cases is whether the State has the authority to require an Indian, who: (1) was convicted of a sex offense in a court other than a New Mexico state court; (2) is an Indian living in Indian country; and (3) is not attending school or employed outside of Indian country, to comply with the State's Sex Offender Registration and Notification Act (SORNA), NMSA 1978, §...

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