State v. Johnson

OPINION

KENNEDY, Judge.

{1} The State appeals a district court order dismissing charges against Defendant Derrick Johnson. Defendant was charged with three counts of battery upon a school employee, contrary to NMSA 1978, § 30-3-9(E) (1989). The district court found that the three victims were not school employees as contemplated by Section 30-3-9. The State argues that the three victims were school employees and asks this Court to reverse the district court. We agree with the district court that the security guards in this case were not school employees and affirm the dismissal of the charges…