NMCCA on a LIO

In United States v. Serna, an unpublished opinion, NMCCA holds that indecent acts with a child over 12 is effectively an “LIO” of indecent acts with a child under 12 for sentencing purposes.  The age of the victim being a potential aggravating factor.  This was a GP case where the MJ failed to resolve inconsistencies presented partly during the providence inquiry and partly through several defense exhibits.

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