This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
The Defendant was convicted of sex crimes against his ex-wife's granddaughter, involving one count of criminal sexual penetration of a minor (CSPM) and four counts of criminal sexual contact of a minor (CSCM). The incidents occurred during two periods: September 9-24, 2017, and August 12-November 29, 2019. The Defendant allegedly touched the victim's breasts, buttocks, and vulva during these incidents (paras 1-4).
Procedural History
- District Court, Doña Ana County: The Defendant was convicted of one count of CSPM and four counts of CSCM.
Parties' Submissions
- Appellant: Argued that two of the CSCM convictions, one from each time period, violated double jeopardy protections as each incident constituted a single course of conduct (para 5).
- Appellee: Contended that each act involving a separate body part was distinct, supporting multiple convictions (para 15).
Legal Issues
- Whether the Defendant's multiple convictions for CSCM violated double jeopardy protections by constituting a single course of conduct (para 5).
Disposition
- The court reversed in part and remanded for resentencing, directing the district court to vacate one count of CSCM from each period (para 20).
Reasons
Per Hanisee J. (Henderson and Yohalem JJ. concurring):
The court applied a unit of prosecution analysis to determine legislative intent regarding multiple punishments under the same statute. The statute was deemed ambiguous, invoking the rule of lenity, which presumes against multiple punishments for the same offense. The court considered factors such as temporal proximity, location, intervening events, and the Defendant's intent. The evidence suggested that the Defendant's conduct was not sufficiently distinct to justify multiple CSCM convictions for each assault, as the acts occurred in quick succession without intervening events or changes in the victim's position (paras 6-19).