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STATE v. BEGAYE

No. A-1-CA-39333.

505 P.3d 871 (2021)

2022-NMCA-012

STATE of New Mexico, Plaintiff-Appellee, v. Leighton BEGAYE, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied, February 17, 2022, No. S-1-SC-39078.

Attorney(s) appearing for the Case

Hector H. Balderas , Attorney General, Santa Fe, NM, Anne Minard , Assistant Attorney General, Albuquerque, NM for Appellee.

Bennett J. Baur , Chief Public Defender, Charles D. Agoos , Assistant Appellate Defender, Santa Fe, NM for Appellant.

OPINION

{1} A jury convicted Defendant Leighton Begaye of one count of criminal sexual contact of a minor (CSCM) for forcibly touching the breast of K.B., a sixteen-year-old female. Defendant appeals his conviction, arguing that fundamental error occurred because of the failure to instruct the jury on lack...

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