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MONTOYA v. DRIGGERS

No. 33,789.

320 P.3d 987 (2014)

2014-NMSC-009

Freddie Benji MONTOYA, Petitioner, v. Hon. Douglas R. DRIGGERS, Third Judicial District Court Judge, Respondent, and State of New Mexico, Real Party in Interest.

Supreme Court of New Mexico.

February 27, 2014.

Attorney(s) appearing for the Case

Jorge A. Alvarado , Chief Public Defender, Nina Lalevic , Assistant Appellate Defender, Santa Fe, NM, for Petitioner.

Gary K. King , Attorney General, Margaret E. McLean , Assistant Attorney General, James W. Grayson , Assistant Attorney General, Nicole Beder , Assistant Attorney General, Santa Fe, NM, for Real Party in Interest.

OPINION

CHÁVEZ, Justice.

{1} Freddie Montoya passed a vehicle whose only occupant was a female driver and positioned his truck across the roadway to block her path. State v. Montoya, 2011-NMCA-074, ¶ 2, 150 N.M. 415, 259 P.3d 820. He and his passenger got out of the truck, forcibly entered the victim's vehicle, and raped her. Id. Among other crimes, Montoya...

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