STATE v. OTTO

No. 29,158.

157 P.3d 8 (2007)

2007-NMSC-012

STATE of New Mexico, Plaintiff-Petitioner, v. Jesse OTTO, Defendant-Respondent.

Supreme Court of New Mexico.

Rehearing Denied April 11, 2007.


Attorney(s) appearing for the Case

Gary K. King, Attorney General, M. Victoria Wilson, Assistant Attorney General, Santa Fe, NM, for Petitioner.

John Bigelow, Chief Public Defender, Susan Roth, Assistant Appellate Defender, Santa Fe, NM, for Respondent.


OPINION

MAES, Justice.

{1} Following a jury trial, Defendant, Jesse Otto, was convicted of criminal sexual penetration of a minor (CSPM), contrary to NMSA 1978, § 30-9-11(C)(1) (1993, prior to 2003 amendment). He appealed. The Court of Appeals reversed and remanded for a new trial, holding that the trial court improperly permitted evidence of uncharged acts and of statements made by the victim to the victim's mother. The Court also found that the admission...

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