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STATE v. MOORE

No. 29,248.

263 P.3d 289 (2011)

2011-NMCA-089

STATE of New Mexico, Plaintiff-Appellant, v. Jeffery MOORE, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied, August 5, 2011, Docket No. 33,111.

Attorney(s) appearing for the Case

Gary K. King , Attorney General, Margaret E. McLean , Assistant Attorney General, Joel Jacobsen , Assistant Attorney General, Santa Fe, NM, for Appellant.

Liane E. Kerr , Albuquerque, NM, for Appellee.

OPINION

GARCIA, Judge.

{1} The State appeals the district court's pretrial dismissal of three counts of criminal sexual penetration (CSP) that were each charged under two alternative theories: (1) CSP in the second degree (CSP II) based upon CSP perpetrated during the commission of a felony, contrary to NMSA 1978, Section 30-9-11(E)(5) (2007) (amended 2009); or (2) CSP in the fourth degree (CSP IV) based upon CSP "perpetrated on a child thirteen...

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