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STATE v. HERNANDEZ

No. 4596.

619 P.2d 570 (1980)

STATE of New Mexico, Plaintiff-Appellee, v. Alex HERNANDEZ, Defendant-Appellant.

Court of Appeals of New Mexico.

September 30, 1980.

Attorney(s) appearing for the Case

Jeff Bingaman, Atty. Gen., Michael E. Sanchez, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

Thomas B. Root, Albuquerque, for defendant-appellant.

OPINION

WALTERS, Judge.

The defendant was convicted of battery upon a police officer. On appeal, his appellate counsel (who did not represent Hernandez at trial and did not prepare the docketing statement, see N.M.R.Crim.App.P. 205(b), N.M.S.A. 1978) argues four points for reversal. Each is considered below, and rejected.

1. Appellant contends that because his trial commenced one day before the mandate...

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