STATE v. PADILLA

No. 7032.

678 P.2d 706 (1983)

101 N.M. 78

STATE of New Mexico, Plaintiff-Appellee, v. George PADILLA, Defendant-Appellant.

Court of Appeals of New Mexico.

August 11, 1983.


Attorney(s) appearing for the Case

Paul G. Bardacke, Atty. Gen., Anthony Tupler, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

Janet Clow, Chief Public Defender, Henry R. Quintero, Asst. Appellate Defender, Santa Fe, for defendant-appellant.


OPINION

WALTERS, Chief Judge.

Defendant appeals his conviction of battery on a peace officer, in violation of NMSA 1978, § 30-22-24. Two issues are raised:

1. Whether the trial and conviction constituted double jeopardy when defendant had already been convicted of resisting arrest; and 2. Whether the court erred in failing to instruct on the lesser included offense of simple battery.

A third issue, listed in the docketing...

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