STATE v. EBERT

No. 28,898.

263 P.3d 918 (2011)

2011-NMCA-098

STATE of New Mexico, Plaintiff-Appellee, v. Dominic L. EBERT, Jr., Defendant-Appellant.

Court of Appeals of New Mexico.

July 15, 2011.


Attorney(s) appearing for the Case

Gary K. King , Attorney General, Santa Fe, NM, M. Anne Kelly , Assistant Attorney General, Albuquerque, NM, for Appellee.

Albright Law & Consulting, Jennifer R. Albright , Albuquerque, NM, for Appellant.


OPINION

BUSTAMANTE, Judge.

{1} After the district court denied his motion to dismiss, Defendant Dominic L. Ebert entered a conditional guilty plea to one count of child solicitation by computer, contrary to NMSA 1978, Section 30-37-3.2 (2005) (amended 2007). Defendant argued below and argues here that Section 30-37-3.2 is unconstitutionally vague and overbroad, and that it violates the Commerce Clause. We disagree and affirm.

I. FACTUAL...

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