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1 STATE V. MASSENGILL, 2003-NMCA-024, 133 N.M. 263, 62 P.3d 354 STATE OF NEW MEXICO, Plaintiff-Appellee, vs. LAWRENCE MASSENGILL, Defendant-Appellant.
Docket No. 22,358 COURT OF APPEALS OF NEW MEXICO 2003-NMCA-024, 133 N.M. 263, 62 P.3d 354 December 04, 2002, Filed APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY. Neil C. Candelaria, District Judge. Certiorari Denied, No. 27,847, January 15, 2003. Released for Publication January 28, 2003. COUNSEL Patricia A. Madrid, Attorney General, Santa Fe, NM. M. Victoria Wilson, Assistant Attorney General, Albuquerque, NM for Appellee. Phyllis H. Subin, Chief Public Defender, Theresa M. Duncan, Assistant Appellate Defender, Santa Fe, NM for Appellant. JUDGES RICHARD C. BOSSON, Chief Judge WE CONCUR: MICHAEL D. BUSTAMANTE, Judge JONATHAN B. SUTIN, Judge. AUTHOR: RICHARD C. BOSSON OPINION

{*267} BOSSON, Chief Judge. {1} Defendant was convicted of criminal sexual penetration and abuse of a child by endangerment. We reverse Defendant's conviction for abuse of a child and remand for re-sentencing. We affirm his conviction for criminal sexual penetration, and affirm the trial court in all other respects. Among other issues, we discuss the circumstances under which out-of-court statements made to parents and medical personnel by a child, too young to remember anything at trial, may be used against the accused at trial in a manner consistent with the Confrontation Clause of the United States Constitution. BACKGROUND {2} On May 23, 1998, Defendant agreed to babysit his former girlfriend's two-and-a-half-year-old daughter (Child). Child bumped her head when she fell from her stroller while Defendant was taking her for a walk. Later in the day, Child's mother (Mother) discovered a one-centimeter bruise on Child's labia. When asked how the bruise occurred, Child told Mother that Defendant had pinched her. Subsequently, Child made similar statements to her father

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New Mexico Law