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STATE v. TSOSIE

No. 30,070.

266 P.3d 34 (2011)

2011-NMCA-115

STATE of New Mexico, Plaintiff-Appellee, v. Garrell Ray TSOSIE, Defendant-Appellant.

Court of Appeals of New Mexico.

August 23, 2011.

Attorney(s) appearing for the Case

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

Law Offices of Nancy L. Simmons, P.C. Nancy L. Simmons , Albuquerque, NM, for Appellant.

OPINION

GARCIA, Judge.

{1} Defendant Garrell Tsosie appeals the district court's order for conditional discharge and supervised probation following his plea to one count of battery upon a health care worker, contrary to NMSA 1978, Section 30-3-9.2(E) (2006). The State alleged that Tsosie struck Alan Albo, an employee of the Four Winds Recovery Center, Inc. in Farmington, New Mexico (Four Winds). Tsosie filed a motion to dismiss, arguing that...

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