State v. Cooley

OPINION

WECHSLER, Chief Judge.

{1} Defendant Adrian Cooley pleaded no contest to charges of criminal sexual penetration in the third degree contrary to NMSA 1978, § 30-9-1KE) (1995, prior to 2001 amendment); false imprisonment contrary to NMSA 1978, § 30^1-3 (1963); and three counts of battery contrary to NMSA 1978, § 30-3-4 (1963). The charges arose from a sexual assault upon a woman who was 59 years old, some 24 years older than Defendant. Defendant argues on appeal that the district court erred when it determined that the criminal sexual penetration was a serious violent offense under the…