Legal Opinion

State v. Perry

New Mexico Court of Appeals

Decided November 6, 1980No. 4702PublishedCited by 7 opinions

1Opinion of the Court

OPINION

HENDLEY, Judge.

Defendant appeals his conviction of criminal sexual penetration in the third degree contrary to § 30-9-11, N.M.S.A. 1978, contending that the trial court committed error in admitting certain hearsay testimony. We affirm.

The victim, Debra Rozelle, testified that she was awakened in her room, which was registered to a Mr. DeClue at the Sundown-er Motel in Albuquerque, in the early morning hours by a black man. When she opened the door, he pushed his way into the room and put his hand over her mouth. She got away from him, started screaming and threw a trash can at the…

2Cases cited4 opinions

  1. State v. BellNew Mexico Supreme Court · 1977
  2. Houston Oxygen Co. v. DavisTexas Supreme Court · 1942
  3. MCA, Inc. v. WilsonDistrict Court, S.D. New York · 1976
  4. Estrada Ex Rel. Estrada v. CuaronNew Mexico Court of Appeals · 1979

3Cited by7 opinions

  1. State v. SalgadoNew Mexico Supreme Court · 1999
  2. State v. FloresNew Mexico Supreme Court · 2010
  3. State v. CaseNew Mexico Supreme Court · 1984
  4. State v. MartinezNew Mexico Court of Appeals · 1984
  5. Hallums v. United StatesDistrict of Columbia Court of Appeals · 2004

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