State v. Perales ( 2013 )

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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
2 STATE OF NEW MEXICO,
3 Plaintiff-Appellee,
4 v. No. 32,841
5 RAUL PERALES,
6 Defendant-Appellant.
7 APPEAL FROM THE DISTRICT COURT OF CHAVES COUNTY
8 Freddie J. Romero, District Judge
9 Gary K. King, Attorney General
10 Santa Fe, NM
11 for Appellee
12 Bennett J. Baur, Acting Chief Public Defender
13 Kathleen T. Baldridge, Assistant Appellate Defender
14 Santa Fe, NM
15 for Appellant
16 MEMORANDUM OPINION
17 BUSTAMANTE, Judge.
1 {1} Defendant-Appellant Raul Perales appeals his conviction for criminal sexual
2 penetration of a minor (CSPM). We previously issued a notice of proposed summary
3 disposition, proposing to affirm. Defendant has filed a memorandum in opposition,
4 which we have duly considered. Because we remain unpersuaded, we uphold the
5 conviction.
6 {2} Defendant has challenged the sufficiency of the evidence. As we previously
7 described at greater length in the notice of proposed summary disposition, the State
8 presented compelling evidence in support of each of the elements of the offense. We
9 therefore reject Defendant’s sufficiency challenge.
10 {3} In the memorandum in opposition, Defendant makes clear that he does not deny
11 that the sexual encounter occurred. [MIO 3] Instead, he continues to assert that the
12 encounter was consensual. [MIO 3-4] However, in this context, given the age of the
13 victim and the nature of the charge, consent is “legally irrelevant.” State v. Perea,
14 2008-NMCA-147, ¶ 11, 145 N.M. 123, 194 P.3d 738.
15 {4} Accordingly, for the reasons stated above and in the notice of proposed
16 summary disposition, we affirm.
17 {5} IT IS SO ORDERED.
18
19 MICHAEL D. BUSTAMANTE, Judge
20 WE CONCUR:
2
1
2 MICHAEL E. VIGIL, Judge
3
4 LINDA M. VANZI, Judge
3