State v. Nozie

OPINION

ALARID, Judge.

{1} Defendant-Appellant, Stephen Nozie, appeals his conviction for aggravated battery on a peace officer. We are persuaded by Defendant’s arguments that the district court erred in denying Defendant’s requested jury instructions on mistake and the lesser-ineluded offense of battery and that the denial of these instructions was not harmless error. Accordingly, we reverse Defendant’s conviction for aggravated battery on a peace officer and remand for a new trial.

DISCUSSION

Instruction on Mistake

{2} In Rutledge v. Fort, 104 N.M. 7, 715 P.2d 455 (1986), a proceeding on a…