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STATE v. RHEA

No. 12759.

608 P.2d 144 (1980)

94 N.M. 168

STATE of New Mexico, Petitioner, v. Michael RHEA, Respondent.

Supreme Court of New Mexico.

March 17, 1980.

Attorney(s) appearing for the Case

Jeff Bingaman, Atty. Gen., Michael E. Sanchez, Asst. Atty. Gen., Santa Fe, for petitioner.

Martha Daly, Appellate Defender, Michael Dickman, Asst. Appellate Defender, Santa Fe, for respondent.

OPINION

PAYNE, Justice.

Defendant, Michael Rhea, was convicted in the district court of escape from jail, robbery, and battery upon a peace officer. The Court of Appeals summarily reversed the defendant's conviction of battery upon a peace officer, finding that it was improper to prosecute the defendant under section 30-22-24, N.M.S.A. 1978 (Battery upon a peace officer), when Section 30-22-17, N.M.S.A. 1978 (Assault by a prisoner), was specifically applicable...

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