State v. Padilla

OPINION

WALTERS, Chief Judge.

Defendant appeals his conviction of battery on a peace officer, in violation of NMSA 1978, § 30-22-24. Two issues are raised:

1. Whether the trial and conviction constituted double jeopardy when defendant had already been convicted of resisting arrest; and

2. Whether the court erred in failing to instruct on the lesser included offense of simple battery.

A third issue, listed in the docketing statement but not briefed, is abandoned. State v. Vogenthaler, 89 N.M. 150, 548 P.2d 112 (Ct.App.1976).

I. Double Jeopardy

Whether defendant’s double jeopardy rights were violated…