State v. Leiding

(specially concurring).

I concur in both the result and the discussion; I write separately to explain more fully the rationale for my view, now agreed upon by the panel. I will first discuss the statute under which defendant was charged and the evidence relied upon to sustain the convictions. This review will demonstrate why defendant cannot be convicted under the charges brought.

NMSA 1978, Section 30-9-ll(B) (Repl. Pamp.1984), as charged in this case, provides that criminal sexual penetration in the second degree (CSP II) consists of all criminal sexual penetration perpetrated by use of force…