State v. Pendley

OPINION

WOOD, Chief Judge.

Defendant appeals his conviction of aggravated battery. Section 30-3-5(C), N.M. S.A.1978. We (1) answer four contentions summarily and discuss (2) verdict of an eleven-person jury, and (3) deferred sentence under the firearm enhancement statute.

An office party, followed by a party at the country club, continued at defendant’s residence. Defendant went upstairs to use the bathroom, then rested on a bed. Defendant’s wife found him, inquired if he was all right and kissed him. As the door closed upon his wife leaving the bedroom, defendant heard the victim say, “ ‘why…