State v. Mares

OPINION

APODACA, Judge.

Defendant appeals jury convictions of second degree criminal sexual penetration (CSP), kidnapping, and four counts of aggravated battery. He raises five issues on appeal: (1) the trial court’s contact with jurors outside defendant’s presence; (2) ineffective assistance of counsel based on trial counsel’s unilateral failure to move to sever counts before trial; (3) the propriety of counts merger; (4) the trial court’s admission of the dates of prior convictions; and (5) the trial court’s admission of the victim’s out-of-court statement. Defendant did not brief one issue…