Court of Appeals of New Mexico
Decision Information
Chapter 30 - Criminal Offenses - cited by 5,766 documents
Rule Set 12 - Rules of Appellate Procedure - cited by 9,534 documents
Rule Set 5 - Rules of Criminal Procedure for the District Courts - cited by 2,180 documents
Decision Content
STATE V. ESPARZA
This memorandum opinion was not selected for publication in the New Mexico 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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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.
STATE OF NEW MEXICO,
Plaintiff-Appellee,
v.
MARIA ESPARZA,
Defendant-Appellant.
No. 30,462
COURT OF APPEALS OF NEW MEXICO
August 18, 2010
APPEAL FROM THE DISTRICT COURT OF CURRY COUNTY, Teddy L.
Hartley, District Judge
COUNSEL
Gary K. King, Attorney General, Andrew S. Montgomery, Assistant Attorney General, Santa Fe, NM, for Appellee
Patrick J. Martinez, Albuquerque, NM, for Appellant
JUDGES
JONATHAN B. SUTIN, Judge. WE CONCUR: CELIA FOY CASTILLO, Judge, TIMOTHY L. GARCIA, Judge
AUTHOR:
MEMORANDUM OPINION
SUTIN, Judge.
Defendant appealed the district court’s entry of a conditional discharge and unsupervised probation following Defendant’s appeal of her conviction in magistrate court of resisting, evading, or obstructing an officer in violation of NMSA 1978, Section 30-22-1 (1981). On appeal, Defendant argued that the district court improperly accepted a plea from her without complying with the protections afforded by Rule 5-303(F) NMRA. This Court issued a calendar notice proposing to reverse. The State has filed a memorandum in response to this Court’s notice of proposed summary disposition, stating that it does not oppose reversal on the grounds stated in the calendar notice. This Court therefore reverses the district court for the reasons set out in our notice of proposed disposition.
IT IS SO ORDERED.
JONATHAN B. SUTIN, Judge
WE CONCUR:
CELIA FOY CASTILLO, Judge
TIMOTHY L. GARCIA, Judge