STATE v. HAMILTON

No. 9053.

725 P.2d 590 (1986)

104 N.M. 614

STATE of New Mexico, Plaintiff-Appellee, v. Lynn HAMILTON, Defendant-Appellant.

Court of Appeals of New Mexico.

August 12, 1986.


Attorney(s) appearing for the Case

Jacquelyn Robins, Chief Public Defender, Deborah A. Moll, Asst. Appellate Defender, Santa Fe, for defendant-appellant.

Paul G. Bardacke, Atty. Gen., Peter S. Kierst, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

BIVINS, Judge.

Defendant appeals his conviction of battery upon a peace officer, contrary to NMSA 1978, Section 30-22-24 (Repl.Pamp. 1984). He raises eight issues. Because the first issue is dispositive and requires reversal, we do not reach the remaining issues. The first issue challenges the trial court's finding that defendant waived his right to counsel at the preliminary hearing. We hold the evidence does not support a finding of waiver and...

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