State v. Reed

• Court: New Mexico Court of Appeals
• Decided: March 1, 2011
• Docket: 30,713
• Status: Unpublished

Opinion

1 This memorandum opinion was not selected for publication in the New Mexico Reports. Please 2 see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. 3 Please also note that this electronic memorandum opinion may contain computer-generated 4 errors or other deviations from the official paper version filed by the Court of Appeals and does 5 not include the filing date. 6 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

7 STATE OF NEW MEXICO,

8 Plaintiff-Appellee,

9 v. NO. 30,713

10 RUSSELL REED,

11 Defendant-Appellant.

12 APPEAL FROM THE DISTRICT COURT OF EDDY COUNTY 13 J. Richard Brown, District Judge

14 Gary K. King, Attorney General 15 Nicole Beder, Assistant Attorney General 16 Santa Fe, NM

17 for Appellee

18 Hugh W. Dangler, Chief Public Defender 19 Santa Fe, NM 20 Nia Rucker, Assistant Public Defender 21 Carlsbad, NM

22 for Appellant

23 MEMORANDUM OPINION

24 KENNEDY, Judge.

25 Defendant appeals his conviction for aggravated battery on a household 1 member. We issued a notice of proposed summary disposition proposing summary

2 reversal on a basis that the State offered insufficient evidence to establish victim was

3 a “household member” within the meaning of NMSA 1978, Section 30-3-11(A)

4 (2010). The State has responded that it does not oppose reversal of Defendant’s

5 conviction on that basis.

6 Accordingly, we reverse Defendant’s conviction.

7 IT IS SO ORDERED.

8 ___________________________________ 9 RODERICK T. KENNEDY, Judge

10 WE CONCUR:

11 ___________________________ 12 JONATHAN B. SUTIN, Judge

13 ___________________________ 14 TIMOTHY L. GARCIA, Judge