Court of Appeals of New Mexico
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Rule Set 12 - Rules of Appellate Procedure - cited by 9,546 documents
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STATE V. EAST
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STATE OF NEW MEXICO,
Plaintiff-Appellee,
v.
DUSTIN EAST,
Defendant-Appellant.
NO. 34,389
COURT OF APPEALS OF NEW MEXICO
September 22, 2015
APPEAL FROM THE DISTRICT COURT OF CHAVES COUNTY, Steven
L. Bell, District Judge
COUNSEL
Hector H. Balderas, Attorney General, Santa Fe, NM, M. Anne Kelly, Assistant Attorney General, Albuquerque, NM, for Appellee
Jorge A. Alvarado, Chief Public Defender, Allison H. Jaramillo, Assistant Appellate Defender, Santa Fe, NM, for Appellant
JUDGES
TIMOTHY L. GARCIA, Judge. WE CONCUR: JONATHAN B. SUTIN, Judge, RODERICK T. KENNEDY, Judge
MEMORANDUM OPINION
GARCIA, Judge.
{1} Defendant is appealing from a district court order revoking his probation. We issued a second calendar notice continuing to propose to affirm on the sole issue raised in the docketing statement, relating to pre-sentence confinement credit. We granted Defendant’s motion amend the docketing statement to add a challenge to the length of parole imposed in the judgment, and we proposed to reverse on that issue. Defendant has filed a notice indicating that he will not file a memorandum in opposition. [Ct. App. file at purple clip] The State has filed a response indicating that it agrees with our analysis on the parole issue. Accordingly, we reverse on the length of parole issue, and we affirm the appeal in all other respects.
IT IS SO ORDERED.
TIMOTHY L. GARCIA, Judge
WE CONCUR:
JONATHAN B. SUTIN, Judge
RODERICK T. KENNEDY, Judge