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STATE v. GONZALES

No. 28,700.

263 P.3d 271 (2011)

2011-NMCA-081

STATE of New Mexico, Plaintiff-Appellee, v. Alicia Victoria GONZALES, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted, August 5, 2011, Docket No. 33,077.

Attorney(s) appearing for the Case

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

Jane B. Yohalem , Santa Fe, NM, for Appellant.

OPINION

KENNEDY, Judge.

{1} This case raises an issue of first impression as to whether a case that might otherwise be regarded as vehicular manslaughter is punishable under our child abuse statute simply because the person killed or injured by Defendant's criminal negligence was a child. Here, we distinguish between criminal negligence that endangers the public at large and results in injury or death to a member of the public, who happens to...

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