State v. Romero

Opinion FLORES, Judge. Defendant was convicted following a jury trial of one count of larceny over $250 and one count of aggravated burglary in
violation of NMSA 1978, Sections 30-16-1 and -4(C) (Repl. Pamp. 1994). Defendant appeals only his aggravated burglary conviction.
On appeal Defendant raises the following interrelated issues: (1) that the district court erred in refusing to instruct the
jury on the elements of simple burglary and simple battery as lesser included offenses of aggravated burglary and alternatively,
(2) that, as a matter of law, the evidence is insufficient to support his conviction for aggravated burglary because the evidence
failed to establish that he was leaving the burglarized area at the time the battery was committed. A third issue regarding
plain error has been abandoned by Defendant. Other issues raised in the docketing statement and not briefed are also deemed
abandoned. State v. Fish , 102 N.M. 775, 777, 701 P.2d 374, 376 (Ct. App.), cert. denied , 102 N.M. 734, 700 P.2d 197 (1985).
We affirm.