AI Generated Opinion Summaries

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, Antonio Hernandez, was convicted of one count of criminal sexual penetration of a minor (CSPM) and four counts of criminal sexual contact of a minor (CSCM). The incident involved the Defendant and the Victim, an eleven-year-old girl, during a weekend stay at the home of the Defendant's sister in April 2010. The Victim testified that the Defendant sexually assaulted her while she was sleeping in his bed. The assault included touching and penetration. The Victim reported the incident to her mother the following day, and it was subsequently reported to the police (paras 3-10).

Procedural History

• Appeal from the District Court of Doña Ana County, Fernando R. Macias, District Judge.

Parties' Submissions

• Defendant-Appellant: Argued that the State failed to prove beyond a reasonable doubt that he committed the crimes against a minor under the age of thirteen and contended that his convictions violate the state and federal guarantees against double jeopardy (para 1).
• Plaintiff-Appellee (State of New Mexico): Argued that there was sufficient evidence to convict the Defendant of the charges and that the convictions did not violate double jeopardy protections.

Legal Issues

• Whether the State established beyond a reasonable doubt that the Defendant committed the crimes against a minor under the age of thirteen.
• Whether the Defendant's convictions violate the state and federal guarantees against double jeopardy.

Disposition

• Affirmed in part: The court held that there was sufficient evidence to convict the Defendant of the five counts charged against him.
• Reversed in part: The court found that two of the CSCM convictions violated the Defendant's right to be free from double jeopardy and remanded to the district court for dismissal of one conviction of second degree CSCM and one conviction of third degree CSCM (para 20).

Reasons

• Per LINDA M. VANZI, Judge (JAMES J. WECHSLER, Judge, JONATHAN B. SUTIN, Judge concurring):
  Sufficiency of the Evidence: The court concluded that the testimony of the Victim, her mother, and Detective Palos provided substantial evidence for a rational jury to find the Defendant guilty of each count of CSPM and CSCM. The court applied a highly deferential standard of review for sufficiency of the evidence, viewing the evidence in the light most favorable to the State (paras 2-14).
  Double Jeopardy: The court agreed with the Defendant that his convictions on two counts of second degree CSCM and two counts of third degree CSCM violated his right to be free from double jeopardy. Applying the Herron factors, the court found that the acts of rubbing the Victim’s vagina beneath her clothing and kissing her bottom, and rubbing her vagina and bottom outside of her clothing constituted one sexual encounter. Therefore, the court remanded to the district court for dismissal of one conviction of second degree CSCM and one conviction of third degree CSCM (paras 15-19).