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STATE v. PENDLEY

No. 3736.

593 P.2d 755 (1979)

92 N.M. 658

STATE of New Mexico, Plaintiff-Appellee, v. Jerrel W. PENDLEY, Defendant-Appellant.

Court of Appeals of New Mexico.

March 22, 1979.

Attorney(s) appearing for the Case

Tom Cherryhomes, Carlsbad, for defendant-appellant.

Jeff Bingaman, Atty. Gen., Sammy J. Quintana, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

WOOD, Chief Judge.

Defendant appeals his conviction of aggravated battery. Section 30-3-5(C), N.M.S.A. 1978. We (1) answer four contentions summarily and discuss (2) verdict of an eleven-person jury, and (3) deferred sentence under the firearm enhancement statute.

An office party, followed by a party at the country club, continued at defendant's residence. Defendant went upstairs to use the bathroom, then rested on a bed. Defendant's wife...

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