State v. Tsosie

OPINION

GARCIA, Judge.

{1} Defendant Garrell Tsosie appeals the district court’s order for conditional discharge and supervised probation following his plea to one count of battery upon a health care worker, contrary to NMSA 1978, Section 30-3-9.2(E) (2006). The State alleged that Tsosie struck Alan Albo, an employee of the Four Winds Recovery Center, Inc. in Farmington, New Mexico (Four Winds). Tsosie filed a motion to dismiss, arguing that the charges lacked a legally sufficient basis because Albo was not a health care worker employed at a health facility as contemplated by Section…