STATE v. MUSGRAVE

No. 7706.

692 P.2d 534 (1984)

102 N.M. 148

STATE of New Mexico, Plaintiff-Appellee, v. Steve MUSGRAVE, Defendant-Appellant.

Court of Appeals of New Mexico.

November 29, 1984.


Attorney(s) appearing for the Case

Hank Farrah, Albuquerque, for defendant-appellant.

Paul Bardacke, Atty. Gen., Barbara F. Green, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

WOOD, Judge.

A jury convicted defendant of aggravated battery, NMSA 1978, Section 30-3-5(B) (Repl.Pamp. 1984), by inflicting an injury not likely to cause great bodily harm. This offense is a misdemeanor. It also convicted defendant of simple battery, NMSA 1978, Section 30-3-4 (Repl.Pamp. 1984). This offense is a petty misdemeanor. Defendant's appeal presents two issues: (1) prosecutor misconduct, and (2) where his sentence is to be served.

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