STATE v. MONTANO

No. 18563.

973 P.2d 861 (1998)

126 N.M. 609

1999-NMCA-023

STATE of New Mexico, Plaintiff-Appellee, v. Clarence MONTANO, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied January 29, 1999.


Attorney(s) appearing for the Case

Tom Udall, Attorney General, Margaret McLean, Assistant Attorney General, Santa Fe, for Appellee.

Phyllis H. Subin, Chief Public Defender, Carolyn R. Glick, Assistant Appellate Defender, Santa Fe, for Appellant.


Certiorari Denied, No. 25,533, January 29, 1999.

OPINION

WECHSLER, Judge.

{1} Defendant Clarence Montano appeals his conviction of aggravated battery against a household member with a deadly weapon contrary to NMSA 1978, § 30-3-16 (1995) arguing that: (1) as a matter of law, a brick wall cannot be a deadly weapon; and (2) the district court did not properly instruct the jury on the elements of the crime. We hold that, as a matter of law...

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