KENDALL V. STATE, 1977-NMSC-015, 90 N.M.
191, 561 P.2d 464 (S. Ct. 1977)
CASE HISTORY ALERT: see ¶2 - affects
1977-NMCA-002
Danny Ray KENDALL, Petitioner,
vs.
STATE of New Mexico, Respondent.
SUPREME COURT OF NEW MEXICO
1977-NMSC-015, 90 N.M. 191, 561 P.2d 464
Jan Alan Hartke, Chief Public Defender,
Reginald J. Storment, Appellate Defender, Santa Fe, for petitioner.
Toney Anaya, Atty. Gen., Santa Fe, for
respondent.
SOSA, J., wrote the opinion. OMAN, C.J.,
and McMANUS, EASLEY and PAYNE, JJ., concur.
{1} Defendant was convicted
of fourteen felonies and one misdemeanor. The Court of Appeals affirmed in part
and reversed in part.
Kendall v. State,
90 N.M. 236,
561 P.2d 935 (Ct.
App. 1977). We granted certiorari.
{2} The only issue we
entertain is the Court of Appeals' reversal of defendant's conviction of
criminal sexual penetration because of the trial court's failure to instruct
that the jury must find that the victim was other than defendant's spouse, and
the resulting remand for new trial on the issue. The reversal was improper
under the facts of the case.
State v. Bell,
90 N.M. 134,
560 P.2d 925
(1977). The defendant was properly convicted of criminal sexual penetration,
and his conviction is affirmed.
OMAN, C.J., and McMANUS, EASLEY and PAYNE, JJ., concur.