State v. Akers

OPINION

WECHSLER, Judge.

{1} Defendant appeals his conviction for resisting, evading, or obstructing an officer. See NMSA 1978, § 30-22-l(B) (1981). He raises three issues on appeal. We reverse and remand, holding that Defendant was entitled to a jury instruction requiring the State to prove that Defendant knew that the persons seeking to detain him were law enforcement officers.

BACKGROUND

{2} Otero County Narcotics Enforcement Unit Agents were investigating potential drug manufacturing by following persons suspected of buying suspiciously large amounts of cold medication containing…