STATE v. VALINO

No. 30,497.

287 P.3d 372 (2012)

2012-NMCA-105

STATE of New Mexico, Plaintiff-Appellee, v. Steven Shawn VALINO, Defendant-Appellant.

Court of Appeals of New Mexico.

July 27, 2012.


Attorney(s) appearing for the Case

Gary K. King , Attorney General, Ann M. Harvey , Assistant Attorney General, Santa Fe, NM, for Appellee.

Jacqueline L. Cooper , Chief Public Defender, Nina Lalevic , Assistant Appellate Defender, Santa Fe, NM, for Appellant.


OPINION

CASTILLO, Chief Judge.

{1} Defendant was convicted of battery upon a health care worker pursuant to NMSA 1978, Section 30-3-9.2(E) (2006). On appeal, he makes a number of arguments. We agree with Defendant that the jury instruction listing the elements for conviction of battery on a health care worker was deficient because it did not include the requirement of knowledge. Accordingly, we reverse and remand for a new trial. We affirm on...

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