State v. Cordova

OPINION

LOPEZ, Judge.

The defendant appeals from a conviction of aggravated battery, NMSA 1978, § 30-3-5(C). We affirm and remand for modification of the sentence.

Defendant presents three issues on appeal. Issue I: Whether the trial court impermissibly eliminated defendant’s use of the victim’s deposition during trial; Issue II: Whether the cumulative effect of prosecutorial misconduct denied defendant a fair trial; Issue III: Whether the imposition of a harsher penalty following a successful appeal violated defendant’s due process rights.

Issues that were presented in the docketing statement…