OPINION
WOOD, Judge.
Defendant was charged in metropolitan court with aggravated battery, a misdemeanor, in violation of NMSA 1978, Section 30-3-5. After a trial by jury, see NMSA 1978, Metro.R. 63 (Repl.Pamp. 1981), defendant was convicted of simple battery, a petty misdemeanor. See NMSA 1978, § 30-3-4. The metropolitan court sentenced defendant to ninety days in the county jail, suspended all but thirty days of this jail time, ordered restitution...
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