State v. Rankin

Opinion

This memorandum opinion was not selected for publication in the New Mexico Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date.

1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

2 STATE OF NEW MEXICO,

3 Plaintiff-Appellant,

4 v. NO. 31,978

5 RUSSELL RANKIN,

6 Defendant-Appellee.

7 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY 8 Reed S. Sheppard, District Judge

9 Gary K. King, Attorney General 10 William H. Lazar, Assistant Attorney General 11 Santa Fe, NM

12 for Appellant

13 Clark, Grubesic, Jones & Baur, L.L.C. 14 Thomas M. Clark 15 Santa Fe, NM

16 for Appellee

17 MEMORANDUM OPINION

18 VIGIL, Judge. 1 The State appealed an order dismissing the charges against Defendant in this

2 case. In our notice of proposed summary disposition, we proposed to affirm, stating

3 that dismissal was appropriate pursuant to Rule 5-203(A) NMRA, since the State had

4 failed to join these charges with the related charges in a prior case. The State has filed

5 a response in which it now concedes that joinder was required. It therefore does not

6 oppose summary affirmance. Accordingly, for the reasons stated in our notice of

7 proposed summary disposition, we affirm.

8 IT IS SO ORDERED.

9 __________________________________ 10 MICHAEL E. VIGIL, Judge

11 WE CONCUR:

12 _________________________________ 13 RODERICK T. KENNEDY, Judge

14 _________________________________ 15 LINDA M. VANZI , Judge