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STATE v. ORTEGA

No. 12952.

827 P.2d 152 (1992)

113 N.M. 437

STATE of New Mexico, Plaintiff-Appellee, v. Robert S. Ortega, Defendant-Appellant.

Court of Appeals of New Mexico.

January 14, 1992.

Attorney(s) appearing for the Case

Tom Udall, Atty. Gen., Bill Primm, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

C. Barry Crutchfield, Templeman and Crutchfield, Lovington, for defendant-appellant.

OPINION

BIVINS, Judge.

Convicted of battery upon a peace officer contrary to NMSA 1978, Section 30-22-24 (Repl.Pamp. 1984), Defendant appeals. He raises two issues. First, Defendant claims that since the uncontradicted evidence shows that he never touched the person of the peace officer — only grabbed or knocked a flashlight out of the officer's hand — substantial evidence does not support a conviction of battery upon a peace officer. Second...

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