State v. Valerio

273 P.3d 12 (2011)

2012-NMCA-022

STATE of New Mexico, Plaintiff-Appellant,

v.

Andy L. VALERIO, Defendant-Appellee.

No. 30,199.

Court of Appeals of New Mexico.

November 17, 2011.

Certiorari Denied, January 19, 2012, No. 33,348.

Gary K. King, Attorney General, Santa Fe, NM, Joel Jacobsen, Assistant Attorney General, Albuquerque, NM, for Appellant.

David Henderson, Santa Fe, NM, for Appellee.

OPINION

FRY, Judge.

{1} Defendant was charged by criminal complaint in magistrate court with two misdemeanor counts of criminal sexual contact. After the magistrate court declined to dismiss the charges on the basis of…