138 N.M. 329, 119 P.3d 1266 STATE v. KIRBY. No. 29,257 (COA 24,845).Supreme Court of New Mexico. August 1, 2005. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Writ Granted. Tagged: 119 P.3d 1266138 N.M. 329