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STATE v. GARCIA

No. 27,939.

217 P.3d 1048 (2009)

2009-NMCA-107

STATE of New Mexico, Plaintiff-Appellee, v. Mark GARCIA, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied, No. 31,853, August 18, 2009.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, Farhan Khan, Assistant Attorney General, Santa Fe, NM, for Appellee.

Hugh W. Dangler, Chief Public Defender, Nina Lalevic, Assistant Appellate Defender, Santa Fe, NM, for Appellant.

OPINION

SUTIN, Judge.

{1} Defendant Mark Garcia appeals his convictions of petty-misdemeanor battery and aggravated battery on Javier Jimenez. We hold that Defendant's convictions violate double jeopardy. We reject the remaining claims. We affirm the aggravated battery conviction. We reverse the petty-misdemeanor battery conviction and instruct the district court to vacate that conviction and the sentence accompanying that conviction.

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