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STATE v. ANDAZOLA

No. 4785.

622 P.2d 1050 (1981)

95 N.M. 430

STATE of New Mexico, Plaintiff-Appellee, v. Willie ANDAZOLA, Defendant-Appellant.

Court of Appeals of New Mexico.

January 8, 1981.

Attorney(s) appearing for the Case

John B. Bigelow, Chief Public Defender, Andrea L. Smith, Asst. Appellate Defender, Santa Fe, for defendant-appellant.

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

OPINION

HENDLEY, Judge.

Indicted on two counts of aggravated assault upon a peace officer contrary to § 30-22-22(A)(1), N.M.S.A. 1978, defendant was convicted by a jury of two lesser included counts of resisting or obstructing an officer contrary to § 30-22-1(B), N.M.S.A. 1978. He appeals contending that the latter statute is unconstitutionally vague on its face and as applied to him.

The State contends that we should not consider the contention...

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