State v. Romero

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 Please 2 see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. 3 Please also note that this electronic memorandum opinion may contain computer-generated 4 errors or other deviations from the official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. 30,914 consolidated 10 with NO. 30,992 11 ROBERT ROMERO,

12 Defendant-Appellant.

13 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY 14 Charles W. Brown, District Judge

15 Gary K. King, Attorney General 16 Santa Fe, NM 17 M. Anne Kelly, Assistant Attorney General 18 Albuquerque, NM

19 for Appellee

20 Jacqueline L. Cooper, Acting Chief Public Defender 21 Santa Fe, NM

22 for Appellant 23 MEMORANDUM OPINION

24 WECHSLER, Judge.

25 Defendant appeals the revocation of his probation. In our notice, we proposed 1 to reverse and remand for a new hearing because evidence of drug test results was

2 admitted at the probation revocation hearing without a proper foundation. The State

3 has responded that it will not be filing a memorandum opposing our proposal.

4 Therefore, for the reasons stated in the calendar notice, we reverse and remand

5 for a new probation revocation hearing.

6 IT IS SO ORDERED.

7 _______________________________ 8 JAMES J. WECHSLER, Judge 9 WE CONCUR:

10 ______________________________ 11 LINDA M. VANZI, Judge

12 ______________________________ 13 J. MILES HANISEE, Judge