STATE v. LOPEZ

No. 27,143.

191 P.3d 563 (2008)

2008-NMCA-111

STATE of New Mexico, Plaintiff-Appellee, v. Oscar Cruz LOPEZ, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied, No. 31,183, July 18, 2008.


Attorney(s) appearing for the Case

Gary K. King, Attorney General, Santa Fe, NM, M. Anne Kelly, Assistant Attorney General, Albuquerque, NM, for Appellee.

John Bigelow, Chief Public Defender, Kathleen T. Baldridge, Assistant Appellate Defender, Santa Fe, NM, for Appellant.


OPINION

PICKARD, Judge.

{1} Defendant appeals his convictions for battery on a peace officer and resisting an officer. Both convictions arise out of a protracted car and foot chase in which Defendant punched the officer in the face twice. Defendant contends that he may be convicted only of battery on a peace officer and that his conviction for resisting an officer violates double jeopardy. Defendant also contends that the evidence is insufficient...

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