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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO STATE OF NEW MEXICO, 3 Plaintiff-Appellee, v. No. 32,841 RAUL PERALES, 6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF CHAVES COUNTY Freddie J. Romero, District Judge Gary K. King, Attorney General Santa Fe, NM for Appellee Bennett J. Baur, Acting Chief Public Defender Kathleen T. Baldridge, Assistant Appellate Defender Santa Fe, NM for Appellant 16 MEMORANDUM OPINION BUSTAMANTE, Judge.

1 {1} Defendant-Appellant Raul Perales appeals his conviction for criminal sexual penetration of a minor (CSPM). We previously issued a notice of proposed summary disposition, proposing to affirm. Defendant has filed a memorandum in opposition, which we have duly considered. Because we remain unpersuaded, we uphold the conviction.

6 {2} Defendant has challenged the sufficiency of the evidence. As we previously described at greater length in the notice of proposed summary disposition, the State presented compelling evidence in support of each of the elements of the offense. We therefore reject Defendant’s sufficiency challenge.

10 {3} In the memorandum in opposition, Defendant makes clear that he does not deny that the sexual encounter occurred. [MIO 3] Instead, he continues to assert that the encounter was consensual. [MIO 3-4] However, in this context, given the age of the victim and the nature of the charge, consent is “legally irrelevant.” State v. Perea, 2008-NMCA-147, ¶ 11, 145 N.M. 123, 194 P.3d 738.

15 {4} Accordingly, for the reasons stated above and in the notice of proposed summary disposition, we affirm.

17 {5} IT IS SO ORDERED.

19 MICHAEL D. BUSTAMANTE, Judge WE CONCUR:

2 MICHAEL E. VIGIL, Judge

4 LINDA M. VANZI, Judge