State v. Armijo

OPINION

WECHSLER, J.

{1} Defendant Simon Armijo appeals his convictions of aggravated assault, a fourth-degree felony, contrary to NMSA 1978, § 30-3-2(C) (1963), and aggravated battery, a misdemeanor, contrary to NMSA 1978, § 30-3-5(B) (1969). We consolidate Defendant’s issues on appeal as follows: (1) whether the district court erred by improperly instructing the jury on the elements of felony aggravated assault; (2) whether Defendant is entitled to be discharged from the aggravated assault charge; and (3) whether the district court committed fundamental error by failing to instruct the jury…