STATE v. BACHICHA

No. 11865.

808 P.2d 51 (1991)

111 N.M. 601

STATE of New Mexico, Plaintiff-Appellee, v. Guadalupe BACHICHA, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied March 12, 1991.


Attorney(s) appearing for the Case

Hal Stratton, Atty. Gen. and Bill Primm, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

Paul J. Kennedy, Albuquerque, for defendant-appellant.


OPINION

DONNELLY, Judge.

Do defendant's convictions of aggravated assault with a deadly weapon constitute lesser included offenses of the greater offense of false imprisonment by use of a firearm that merge for the purposes of sentencing? We hold under the facts of this case that the jury could properly convict defendant of the offenses of false imprisonment upon his wife, sister-in-law, and brother-in-law, and the separate offenses of aggravated assault...

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