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STATE v. SURRATT

No. S-1-SC-35049.

363 P.3d 1204 (2015)

2016-NMSC-004

STATE of New Mexico, Plaintiff-Petitioner, v. Danny SURRATT, Defendant-Respondent.

Supreme Court of New Mexico.

December 10, 2015.

Attorney(s) appearing for the Case

Hector H. Balderas , Attorney General, Yvonne Marie Chicoine , Assistant Attorney General, Santa Fe, NM, for Petitioner.

Templeman & Crutchfield, C. Barry Crutchfield , Lovington, NM, for Respondent.

OPINION

{1} Following a second trial, Defendant Danny Surratt was convicted of criminal sexual penetration of a minor. Defendant appealed his conviction, claiming the district attorney serving as special prosecutor at the second trial lacked the authority to prosecute the case because his appointment by the...

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