(Download) "State v. Montano" by New Mexico Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: State v. Montano
- Author : New Mexico Court of Appeals
- Release Date : January 16, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
Certiorari denied, No. 25,533, January 29, 1999 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY Angela J. Jewell, District Judge OPINION {1} Defendant Clarence Montano appeals his conviction of aggravated battery against a household member with a deadly weapon contrary to NMSA 1978, § 30-3-16 (1995) arguing that: (1) as a matter of law, a brick wall cannot be a deadly weapon; and (2) the district court did not properly instruct the jury on the elements of the crime. We hold that, as a matter of law, a brick wall can be a deadly weapon because it is a factual question for the jury to decide. We agree that the jury instruction was in error and reverse Defendant's conviction. Facts {2} Defendant and his girlfriend, Evangeline Wehausen (victim), both homeless, drank heavily throughout the day of January 5, 1996. Late that day, while walking along Broadway Avenue in Albuquerque, Defendant and the victim argued. Defendant shoved the victim, then grabbed her by the neck and pulled her along the sidewalk to the Salvation Army Building. Defendant next proceeded to shove or bang the victim's head against the Salvation Army Building brick wall two or three times. After the victim fell to the ground, Defendant hit her with his fist and kicked her.