State v. Romero

Opinion

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

2 STATE OF NEW MEXICO,

3 Plaintiff-Appellee,

4 v. NO. A-1-CA-35526

5 FELIX ROMERO,

6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF SANDOVAL COUNTY 8 George P. Eichwald, District Judge

9 Hector H. Balderas, Attorney General 10 Santa Fe, NM 11 Laurie Blevins, Assistant Attorney General 12 Albuquerque, NM

13 for Appellee

14 Bennett J. Baur, Chief Public Defender 15 William O’Connell, Assistant Appellate Defender 16 Santa Fe, NM

17 for Appellant

18 MEMORANDUM OPINION

19 VANZI, Chief Judge. 1 {1} Defendant appeals the judgment and sentence convicting him of multiple counts

2 of possession of child pornography, in violation of NMSA 1978, Section 30-6A-3(A)

3 (2007, amended 2016). Defendant contends that under the dictates of State v. Olsson,

4 2014-NMSC-012, 324 P.3d 1230, he should only have been convicted of one count.

5 The State agrees with Defendant’s argument. While we are not bound by the State’s

6 concession, see State v. Guerra, 2012-NMSC-027, ¶ 9, 284 P.3d 1076, we have

7 examined the facts and circumstances of this case and find that Defendant’s argument

8 and the State’s concession are correct statements of the law as applied to this case.

9 We therefore hold that Defendant should have been convicted of only one count of

10 possession of child pornography. We reverse and remand for vacation of all but one

11 of Defendant’s convictions and for further proceedings as may be appropriate.

12 {2} IT IS SO ORDERED.

13 __________________________________ 14 LINDA M. VANZI, Chief Judge

15 WE CONCUR:

16 _________________________________ 17 MICHAEL E. VIGIL, Judge

18 _________________________________ 19 JULIE J. VARGAS, Judge