State v. Rodriguez

Opinion

This memorandum opinion was not selected for publication in the New Mexico Appellate 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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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-Appellee,

4 v. No. 35,167

5 ERVEY RODRIGUEZ,

6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF EDDY COUNTY 8 Lisa B. Riley, District Judge

9 Hector H. Balderas, Attorney General 10 Santa Fe, NM 11 M. Anne Kelly, Assistant Attorney General 12 Albuquerque, NM

13 for Appellee

14 Bennett J. Baur, Chief Public Defender 15 Becca Salwin, Assistant Appellate Defender 16 Santa Fe, NM

17 for Appellant

18 MEMORANDUM OPINION

19 SUTIN, Judge. 1 {1} Defendant has appealed from a number of convictions. We recently issued a

2 second notice of proposed summary disposition in which we proposed to affirm in

3 part and reverse in part. Specifically, we proposed to reject Defendant’s challenge to

4 the sufficiency of the evidence, but proposed to vacate the sentence and remand for

5 a new sentencing hearing. Defendant has filed a response that confirms his reliance

6 upon the arguments set forth in his first memorandum in opposition. The State has

7 filed a response indicating that it does not oppose our proposed summary disposition.

8 {2} Accordingly, for the reasons previously stated, we affirm Defendant’s

9 convictions, but vacate the sentence and remand for further proceedings.

10 {3} IT IS SO ORDERED.

11 __________________________________ 12 JONATHAN B. SUTIN, Judge

13 WE CONCUR:

14 _______________________________ 15 JAMES J. WECHSLER, Judge

16 _______________________________ 17 M. MONICA ZAMORA, Judge