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STATE v. URBAN

No. 1385.

524 P.2d 523 (1974)

86 N.M. 351

STATE of New MExico, Plaintiff-Appellee, v. Max URBAN, Defendant-Appellant.

Court of Appeals of New Mexico.

Rehearing Denied July 1, 1974.

Attorney(s) appearing for the Case

Chester H. Walter, Jr., Chief Public Defender, Bruce L. Herr, Appellate Defender, Santa Fe, Patricia A. Madrid, Albuquerque, Donald Klein, Jr., Assistant Appellate Defenders, Santa Fe, for defendant-appellant.

David L. Norvell, Atty. Gen., Jay F. Rosenthal, Special Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

WOOD, Chief Judge.

Defendant appeals his convictions of robbery while armed with a deadly weapon and aggravated battery. Sections 40A-16-2 and 40A-3-5, N.M.S.A. 1953 (2d Repl.Vol. 6). The 1973 amendment to § 40A-16-2, supra, is not applicable. The issues concern: (1) sufficiency of the evidence; (2) an instruction defining aggravated battery; and (3) the applicability of § 40A-29-3.1, N.M.S.A. 1953 (2d Repl.Vol. 6).

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