State v. Abeyta

Opinion

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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

No. A-1-CA-40259

STATE OF NEW MEXICO,

Plaintiff-Appellee,

v.

RICKIE J. ABEYTA,

Defendant-Appellant.

APPEAL FROM THE DISTRICT COURT OF CIBOLA COUNTY Amanda Sanchez Villalobos, District Court Judge

Raúl Torrez, Attorney General Santa Fe, NM Michael J. Thomas, Assistant Attorney General Albuquerque, NM

for Appellee

Bennett J. Baur, Chief Public Defender Santa Fe, NM Steven J. Forsberg, Assistant Public Defender Albuquerque, NM

for Appellant

MEMORANDUM OPINION

DUFFY, Judge.

{1} Defendant appeals from the district court’s order revoking his probation. On appeal, in response to this Court’s first proposed summary disposition, Defendant argued that the district court proceedings revoking his probation violated his due process right to confrontation. This Court issued a second notice of proposed disposition, proposing to reverse the district court. Now, the State has filed a response to this second notice of proposed disposition and announced that it will not file a memorandum in opposition.

{2} Accordingly, we rely on the reasoning contained in our second notice of proposed disposition, and we reverse the revocation of Defendant’s probation and remand for further proceedings.

{3} IT IS SO ORDERED.

MEGAN P. DUFFY, Judge

WE CONCUR:

J. MILES HANISEE, Judge

KRISTINA BOGARDUS, Judge