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STATE v. JOHNSON

No. 31,215.

218 P.3d 863 (2009)

2009-NMSC-049

STATE of New Mexico, Plaintiff-Petitioner, v. Derrick JOHNSON, Defendant-Respondent.

Supreme Court of New Mexico.

September 24, 2009.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, Martha Anne Kelly, Assistant Attorney General, Santa Fe, NM, for Petitioner.

Hugh W. Dangler, Chief Public Defender, Nina Lalevic, Assistant Public Defender, Santa Fe, NM, for Respondent.

OPINION

CHÁVEZ, Chief Justice.

{1} After allegedly striking three private security guards while visiting Gallup High School, Defendant Derrick Johnson was charged with three counts of battery on school personnel, contrary to NMSA 1978, Section 30-3-9(E) (1989), which prohibits battery upon "school employee[s]." The district court dismissed the charges, concluding that because the security...

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