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STATE v. ELLIS

No. 26,263.

155 P.3d 775 (2007)

2007-NMCA-037

STATE of New Mexico, Plaintiff-Appellee, v. Robert W. ELLIS, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted March 26, 2007.

Attorney(s) appearing for the Case

Gary K. King, Attorney General Anita Carlson, Assistant Attorney General, Santa Fe, NM, for Appellee.

Templeman and Crutchfield, Barry C. Crutchfield, Lovington, NM, for Appellant.

Certiorari Granted, No. 30,258, March 26, 2007.

OPINION

PICKARD, Judge.

{1} Defendant was convicted of aggravated assault upon a peace officer contrary to NMSA 1978, § 30-22-22 (1971), based on threatening the officer with a tire tool. On appeal, Defendant argues that his conviction should be reversed because the district court failed to properly instruct the jury with regard to his self-defense claim. The State concedes that the...

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