{
  "id": 2766733,
  "name": "STATE of New Mexico, Plaintiff-Appellee, v. Amado CHAVEZ, Defendant-Appellant",
  "name_abbreviation": "State v. Chavez",
  "decision_date": "1972-09-15",
  "docket_number": "No. 895",
  "first_page": "247",
  "last_page": "248",
  "citations": [
    {
      "type": "official",
      "cite": "84 N.M. 247"
    },
    {
      "type": "parallel",
      "cite": "501 P.2d 691"
    }
  ],
  "court": {
    "name_abbreviation": "N.M. Ct. App.",
    "id": 9025,
    "name": "Court of Appeals of New Mexico"
  },
  "jurisdiction": {
    "id": 52,
    "name_long": "New Mexico",
    "name": "N.M."
  },
  "cites_to": [
    {
      "cite": "83 N.M. 603",
      "category": "reporters:state",
      "reporter": "N.M.",
      "case_ids": [
        5337587
      ],
      "weight": 2,
      "opinion_index": 0,
      "case_paths": [
        "/nm/83/0603-01"
      ]
    }
  ],
  "analysis": {
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  "last_updated": "2023-07-14T17:55:55.751115+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "WOOD, C. J., and HERNANDEZ, J., concur."
    ],
    "parties": [
      "STATE of New Mexico, Plaintiff-Appellee, v. Amado CHAVEZ, Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "OPINION\nSUTIN, Judge.\nChavez was convicted of aggravated assault upon a police officer on the basis that he unlawfully assaulted or struck at the officer with a gun while the officer was in the lawful discharge of his duties. Section 40A-22-21 (A)(1), N.M.S.A. (Repl. Vol. 6, Supp.1971).\nChavez contends the trial court erred in failing to clarify conflicting testimony of one expert witness.\nAn expert biochemist and toxicologist testified on behalf of the state. The expert\u2019s testimony on direct and cross-examination conflicted as to whether there was residue on the back of defendant\u2019s hand. It is this conflict which defendant asserts the trial court should have clarified.\nChavez did not request any clarification during or after the testimony of the expert. Therefore, the trial court did not err in failing to do so. State v. Madrid, 83 N.M. 603, 495 P.2d 383 (Ct.App.1972).\nChavez sought diminution of the record to order the trial court to strike from the record the expert\u2019s testimony that there was residue on back of Chavez\u2019s hand. The expert, by affidavit, stated he did not remember making the statement. The writ was denied. The fact that the expert did not remember making the statement is not a denial that the statement was actually made. Defendant\u2019s trial counsel does assert in his affidavit that the expert \u201c * * * did not state at trial that there was residue on the back of Mr. Chavez\u2019s hands. . . .\u2019\u2019No such claim was made when the bill of exceptions was settled although the rule provides for corrections at that point. Section 21-2-1(13) (5), N.M. S.A. 1953 (Repl. Vol. 4). The court reported certified \u201ca true and correct record of all testimony offered. * * * \u201d In these circumstances, the Court of Appeals did not abuse its discretion in refusing to make the correction urged by defendant. Section 21-2-1(14) (12), N.M.S.A.1953 (Repl. Vol. 4).\nThere was substantial evidence to sustain Chavez\u2019s conviction.\nAffirmed.\nIt is so ordered.\nWOOD, C. J., and HERNANDEZ, J., concur.",
        "type": "majority",
        "author": "SUTIN, Judge."
      }
    ],
    "attorneys": [
      "Ronald T. Taylor, Albuquerque, for defendant-appellant.",
      "David L. Norvell, Atty. Gen., Frank N. Chavez, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee."
    ],
    "corrections": "",
    "head_matter": "501 P.2d 691\nSTATE of New Mexico, Plaintiff-Appellee, v. Amado CHAVEZ, Defendant-Appellant.\nNo. 895.\nCourt of Appeals of New Mexico.\nSept. 15, 1972.\nRonald T. Taylor, Albuquerque, for defendant-appellant.\nDavid L. Norvell, Atty. Gen., Frank N. Chavez, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee."
  },
  "file_name": "0247-01",
  "first_page_order": 403,
  "last_page_order": 404
}