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 case involves the Defendant-Appellant, Raul Perales, who was convicted for criminal sexual penetration of a minor (CSPM). The Defendant does not deny the occurrence of the sexual encounter but asserts that it was consensual. The age of the victim and the nature of the charge render the consent argument legally irrelevant.

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Appellee (State of New Mexico): Argued that there was compelling evidence supporting each element of the offense of criminal sexual penetration of a minor.
• Appellant (Raul Perales): Acknowledged the sexual encounter but contended it was consensual, challenging the sufficiency of the evidence against him.

Legal Issues

• Whether the evidence presented was sufficient to support the conviction of criminal sexual penetration of a minor.
• Whether consent is a valid defense in the context of criminal sexual penetration of a minor.

Disposition

• The conviction for criminal sexual penetration of a minor was affirmed.

Reasons

• Per Michael D. Bustamante, J. (with Michael E. Vigil, J., and Linda M. Vanzi, J., concurring):
  The Court considered the Defendant's challenge to the sufficiency of the evidence and his assertion of consent. It was determined that the State presented compelling evidence supporting the conviction, and given the victim's age and the nature of the charge, consent was deemed legally irrelevant. The Court remained unpersuaded by the Defendant's memorandum in opposition and, for the reasons stated in the notice of proposed summary disposition and the memorandum opinion, affirmed the conviction (paras 1-4).