State v. Sosa

193 P.3d 955 (2008)

2008-NMCA-134

STATE of New Mexico, Plaintiff-Appellee,

v.

Jim SOSA, Defendant-Appellant.

No. 26,863.

Court of Appeals of New Mexico.

August 8, 2008.

Certiorari Granted, No. 31,308, September 22, 2008.

Gary K. King, Attorney General, Santa Fe, NM, M. Anne Kelly, Assistant Attorney General, Albuquerque, NM, for Appellee.

Caren I. Friedman, Santa Fe, NM, for Appellant.

OPINION

KENNEDY, Judge.

{1} Defendant appeals his convictions on two counts of criminal sexual penetration. The State's theory was that Defendant criminally sexually penetrated Victim while she was incapacitated by drugs or…