State v. Swafford

OPINION

ALARID, Judge.

Defendant appeals from his convictions for criminal sexual penetration in the third degree, incest, assault with intent to commit a violent felony (CSP in the third degree), and false imprisonment. On appeal defendant claims that the trial court erred in (1) suppressing evidence of the victim’s prior sexual history; (2) refusing defendant’s tendered instruction on simple assault; (3) denying defendant’s motion for recusal; and (4) refusing to accept a plea and disposition agreement. Defendant also raises two additional issues pursuant to State v. Franklin, 78 N.M. 127,…