State v. Schoonmaker

OPINION

BUSTAMANTE, Judge.

{1} Defendant appeals his conviction for Child Abuse, NMSA 1978, § 30-6-l(D)(l), (2) (2001), and sentencing as a serious violent offense pursuant to NMSA 1978, § 33-2-34(L)(4)(n) (2004). The issues raised are whether: (1) the jury was properly instructed on negligent child abuse, (2) an acquittal on intentional child abuse and subsequent prosecution for negligent abuse violates double jeopardy, (3) character evidence was improperly excluded, (4) there is sufficient evidence for the conviction, and (5) the district court’s findings support its determination that…