STATE v. MONTOYA

No. 18598.

959 P.2d 967 (1998)

125 N.M. 242

1998-NMCA-074

STATE of New Mexico, Plaintiff-Appellee, v. Carlos Ray MONTOYA, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted May 22, 1998.


Attorney(s) appearing for the Case

Tom Udall, Attorney General, Santa Fe, W. Ann Maggiore, Assistant Attorney General, Albuquerque, for Appellee.

Paul J. Kennedy, Albuquerque, for Appellant.


OPINION

ALARID, Judge.

{1} Defendant appeals his conviction for aggravated assault with a deadly weapon, raising three issues on appeal. First, Defendant argues that the trial court erred by refusing to suppress a firearm that was seized from Defendant's vehicle. Second, Defendant contends that there was insufficient evidence to prove that the victim reasonably believed he was about to be personally hit by Defendant's vehicle. And third, Defendant...

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