State v. Herrera

OPINION

WOOD, Chief Judge.

Defendant was convicted of kidnapping in the second degree, four counts of criminal sexual penetration in the second degree (two of sexual intercourse, one of anal intercourse and one of fellatio) and robbery. We answer two of the appellate issues summarily. We discuss § 40A-9-26, N.M.S.A. 1953 (2d Repl. Vol. 6, Supp.1975) and how it was applied in this case. This discussion involves the constitutionality of § 40A-9-26, supra, limitation upon discovery, and cross-examination concerning past sexual conduct. We also discuss the trial court’s refusal to permit defendant…