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STATE v. MENDEZ

No. 31,723.

242 P.3d 328 (2010)

2010-NMSC-044

STATE of New Mexico, Plaintiff-Petitioner, v. Bernadino MENDEZ, Sr., Defendant-Respondent.

Supreme Court of New Mexico.

October 7, 2010.

Attorney(s) appearing for the Case

Gary K. King , Attorney General, Joel Jacobsen , Assistant Attorney General, Santa Fe, NM, for Petitioner.

Jones, Snead, Wertheim & Wentworth, P.A., Jerry Todd Wertheim , Lee R. Hunt , Santa Fe, NM, for Respondent.

OPINION

BOSSON, Justice.

{1} Under State v. Ortega, 2008-NMCA-001, ¶¶ 16-27, 143 N.M. 261, 175 P.3d 929, hearsay statements made to a nurse of the sexual assault nurse examiner program (SANE), during an examination of a victim of alleged sexual abuse, are rarely admissible at trial, even if some of those statements pertain to "medical diagnosis or treatment" under Rule 11-803(D) NMRA, and even...

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