Montoya v. Driggers

OPINION

CHÁVEZ, Justice.

{1} Freddie Montoya passed a vehicle whose only occupant was a female driver and positioned his truck across the roadway to block her path. State v. Montoya, 2011-NMCA-074, ¶ 2, 150 N.M. 415, 259 P.3d 820. He and his passenger got out of the truck, forcibly entered the victim’s vehicle, and raped her. Id. Among other crimes, Montoya was convicted of first-degree kidnapping under NMSA 1978, Section 30-4-1 (2003) and second-degree criminal sexual penetration (CSP II) under NMSA 1978, Section 30-9-11(D)(5) (2003). Montoya was required to register as a sex offender under…