STATE v. LUCERO

No. 11113.

791 P.2d 804 (1990)

110 N.M. 50

STATE of New Mexico, Plaintiff-Appellee, v. Chris LUCERO, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied May 8, 1990.


Attorney(s) appearing for the Case

Hal Stratton, Atty. Gen., Katherine Zinn, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

Jacquelyn Robins, Chief Public Defender, Jerry Todd Wertheim, Asst. Appellate Defender, Santa Fe, for defendant-appellant.


OPINION

MINZNER, Judge.

Defendant appeals his conviction in a jury trial for battery of a police officer. The sole issue on appeal is whether the trial court erred in denying defendant's motion for a mistrial after it read the jury a general explanatory instruction used in civil cases. We affirm defendant's conviction.

The trial court gave the jury an oral, pre-evidentiary instruction, patterned after SCRA 1986, 13-106. The jury was instructed "...

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