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STATE v. PARRILLO

No. 3993.

607 P.2d 636 (1979)

94 N.M. 98

STATE of New Mexico, Plaintiff-Appellee, v. Mario PARRILLO, Defendant-Appellant.

Court of Appeals of New Mexico.

Rehearing Denied November 7, 1979.

Attorney(s) appearing for the Case

Steve H. Mazer, Albuquerque, for defendant-appellant.

Jeff Bingaman, Atty. Gen., Michael E. Sanchez, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

WALTERS, Judge.

The defendant was convicted of assault under § 30-3-1 C, N.M.S.A. 1978, in the magistrate court. His de novo appeal to the district court also resulted in conviction. He seeks to have the decision of the district court reversed.

Defendant, riding a motorcycle and stopped at a traffic light, saw his ex-wife driving an automobile heading in the opposite direction. As soon as the light turned

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