State v. Hernandez

• Court: New Mexico Court of Appeals
• Decided: July 29, 2021
• Status: Unpublished

Opinion

This decision of the New Mexico Court of Appeals was not selected for publication in the New Mexico Appellate Reports. Refer to Rule 12-405 NMRA for restrictions on the citation of unpublished decisions. Electronic decisions may contain computer- generated errors or other deviations from the official version filed by the Court of Appeals.

IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

No. A-1-CA-39375

STATE OF NEW MEXICO,

Plaintiff-Appellant, v.

JOSE HERNANDEZ,

Defendant-Appellee.

APPEAL FROM THE DISTRICT COURT OF LINCOLN COUNTY Daniel A. Bryant, District Judge

Hector H. Balderas, Attorney General Santa Fe, NM Walter M. Hart, III, Assistant Attorney General Albuquerque, NM

for Appellant

Bennett J. Baur, Chief Public Defender Santa Fe, NM

for Appellee

MEMORANDUM OPINION

MEDINA, Judge.

{1} The State appeals the district court’s order granting Defendant’s motion to dismiss. In this Court’s notice of proposed disposition, we proposed to summarily affirm. Subsequently, the State filed with this Court a notice that it does not oppose our proposed summary disposition. Accordingly, for the reasons stated in our notice of proposed disposition and herein, we affirm the district court.

{2} IT IS SO ORDERED.

JACQUELINE R. MEDINA, Judge WE CONCUR:

MEGAN P. DUFFY, Judge

JANE B. YOHALEM, Judge