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STATE v. GONZALES

No. 4703.

624 P.2d 1033 (1981)

95 N.M. 636

STATE of New Mexico, Plaintiff-Appellee, v. Jose RAY GONZALES, Defendant-Appellant.

Court of Appeals of New Mexico.

February 3, 1981.

Attorney(s) appearing for the Case

Alonzo J. Padilla, Albuquerque, for defendant-appellant.

Jeff Bingaman, Atty. Gen., Eddie Michael Gallegos, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

LOPEZ, Judge.

A jury found that the defendant had committed an aggravated battery upon Mr. Holman with a firearm. Aggravated battery with a deadly weapon is a third degree felony, § 30-3-5(C), N.M.S.A. 1978, which carries a basic sentence of three years imprisonment. § 31-18-15(A)(3), N.M.S.A. 1978 (Cum.Supp. 1980). Pursuant to § 31-18-16, N.M.S.A. 1978 (Cum.Supp. 1980) requiring that the...

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