STATE v. GUTIERREZ

No. 29,997.

269 P.3d 905 (2011)

2012-NMCA-013

STATE of New Mexico, Plaintiff-Appellee, v. Julian GUTIERREZ, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted, January 25, 2012, No. 33,296.


Attorney(s) appearing for the Case

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

Daniel R. Lindsey, P.C., Daniel R. Lindsey , John L. Collins , Clovis, NM, for Appellant.


OPINION

GARCIA, Judge.

{1} Defendant Julian Gutierrez was granted a direct appeal and certification of the district court's amended decision letter denying Defendant's motion to dismiss. Defendant was indicted on three counts of criminal sexual contact of a minor, contrary to NMSA 1978, Section 30-9-13(B)(2)(a) (2003). Defendant raises three issues on appeal: (1) whether the district court erred in declaring a mistrial on the basis of manifest...

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