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STATE v. JOHNSON

No. 23786.

930 P.2d 1148 (1996)

122 N.M. 696

STATE of New Mexico, Plaintiff-Respondent, v. Thomas W. JOHNSON, Defendant-Petitioner.

Supreme Court of New Mexico.

December 6, 1996.

Attorney(s) appearing for the Case

T. Glenn Ellington, Chief Public Defender, Karl Erich Martell, Assistant Appellate Defender, Santa Fe, for Petitioner.

Tom Udall, Attorney General, Anthony Tupler, Assistant Attorney General, Santa Fe, for Respondent.

OPINION

McKINNON, Justice.

1 Thomas W. Johnson appeals his conviction of aggravated assault with a deadly weapon, see NMSA 1978, § 30-3-2(A) (Repl.Pamp.1994), for which he received a suspended sentence. Due to a mandatory firearm enhancement, he was sentenced to one year in prison. Johnson asserts that the trial court erroneously refused to give his instructions on the common-law right of citizen's arrest as a defense. The court's refusal was...

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