New Mexico Supreme Court August 3, 2001, 26,296 (State v. McClendon)

OPINION

BACA, Justice.

{1} Defendant was convicted of kidnapping contrary to NMSA 1978, § 30-4-l(A)(4) (1995), two counts of second-degree criminal sexual penetration (fellatio) contrary to NMSA 1978, § 30-9-11(D) (1995), and misdemeanor aggravated battery as a lesser included offense to criminal sexual penetration contrary to NMSA 1978, § 30-3-5(B) (1969).