State v. Hamilton

OPINION

BUSTAMANTE, Judge.

{1} On this Court’s own motion, the opinion filed in this ease on April 7, 2000, is withdrawn and the following is substituted therefor.

{2} Defendant was convicted of aggravated burglary, aggravated assault, armed robbery, and felon in possession of a firearm following his arrest and trial in connection with the break-in of a home in Roswell, New Mexico, in March 1998. On appeal, he argues that the armed robbery conviction should be reversed because, although he took a handgun from the victim, there was no evidence that Defendant was armed when he made the threats…