State v. Huff

Certiorari denied, No. 25,098, May 11, 1998 and May 13, 1998 Opinion Number: 1998-NMCA-075 APPEAL FROM THE DISTRICT COURT OF DOA ANA COUNTY JAMES T. MARTIN, District Judge {1} Defendant appeals his convictions on two counts of felony criminal sexual contact (CSC), contrary to NMSA 1978, 30-9-12 (1993). On appeal, Defendant argues that his convictions should be reversed and the charges against him be dismissed because (1) the evidence of physical force is insufficient to sustain the convictions; (2) his convictions were obtained in a second trial that violated his right to be free from double jeopardy; and (3) he was not allowed to be present during certain ministerial stages of the jury impaneling process. Because we find these arguments to be without merit, we affirm his convictions. I. FACTUAL AND PROCEDURAL BACKGROUND