State v. Martinez

OPINION

WOOD, Judge.

Defendant appealed his conviction of aggravated battery with a deadly weapon. Section 30-3-5(C), N.M.S.A.1978. We proposed summary affirmance of the two issues listed in the docketing statement. Defendant has not opposed summary affirmance of the first issue concerning the sufficiency of the evidence to sustain the conviction. Thus, the first issue was abandoned. State v. Vogenthaler, 89 N.M. 150, 548 P.2d 112, 90 A.L.R.3d 1119 (Ct.App.1976). Defendant opposes summary affirmance of the second issue which involves the prosecutor’s comments to the grand jury that indicted…