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STATE v. NOZIE

No. 25,481.

168 P.3d 756 (2007)

2007-NMCA-131

STATE of New Mexico, Plaintiff-Appellee, v. Stephen NOZIE, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted September 25, 2007.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, Santa Fe, NM, Joel Jacobsen, Assistant Attorney General, Albuquerque, NM, for Appellee.

John Bigelow, Chief Public Defender, Cordelia A. Friedman, Assistant Appellate Defender, Santa Fe, NM, for Appellant.

Certiorari Granted, No. 30,620, September 25, 2007.

OPINION

ALARID, Judge.

{1} Defendant-Appellant, Stephen Nozie, appeals his conviction for aggravated battery on a peace officer. We are persuaded by Defendant's arguments that the district court erred in denying Defendant's requested jury instructions on mistake and the lesser-included offense of battery and that the denial of these instructions was not harmless error. Accordingly,...

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