State v. Diaz

OPINION

PICKARD, Judge.

1.Defendant appeals his conviction of four counts of aggravated assault on a peace officer in violation of NMSA 1978, Section 30-22-22(A)(l) (Repl.Pamp.1994). Defendant raises ten issues on appeal. Our review of the record indicates that the trial court erred in failing to instruct the jury on the lesser included offense of resisting or abusSee NMSA 1978, § 30-22-1 Accordingly, we remand ing an officer. (Repl.Pamp.1994). for a new trial.

2. Defendant also raises three issues relating to jury instructions on the elements of the crime of aggravated assault on a peace…