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STATE v. MONTOYA

No. 33,967.

345 P.3d 1056 (2015)

2015-NMSC-010

STATE of New Mexico, Plaintiff-Appellee, v. Nathan MONTOYA, Defendant-Appellant.

Supreme Court of New Mexico.

March 12, 2015.

Attorney(s) appearing for the Case

Jorge A. Alvarado , Chief Public Defender, Nicole S. Murray , Assistant Appellate Defender, Santa Fe, NM, for Appellant.

Gary K. King , Attorney General, Jacqueline R. Medina , Assistant Attorney General, Santa Fe, NM, for Appellee.

OPINION

{1} This case presents another example of the ongoing confusion created by our child abuse jury instructions. Breandra Pena (Baby Breandra), age seventeen months, died while in the care of Nathan Montoya (Defendant). Defendant was convicted of intentional

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