State v. Jones

OPINION

BOSSON, Judge.

{1} These appeals consider the felony offense of battery upon a peace officer. See NMSA 1978, § 30-22-24 (1971). This Court consolidated these cases on its own motion because they raise the common question of whether spitting, and in one case throwing urine, upon a peace officer is encompassed by this statute. To analyze this question we must determine the impact of the holding in State v. Padilla, 1997-NMSC-022, ¶2, 123 N.M. 216, 937 P.2d 492, on the statute and its corresponding uniform jury instruction. See UJI 14-2211 NMRA 2000. We determine that, depending upon…