Court of Appeals of New Mexico
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Chapter 30 - Criminal Offenses - cited by 5,766 documents
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Decision Content
STATE V. FROLICK
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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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.
STATE OF NEW MEXICO,
Plaintiff-Appellee,
v.
EARNEST FROLICK,
Defendant-Appellant.
No. 34,877
COURT OF APPEALS OF NEW MEXICO
February 16, 2016
APPEAL FROM THE DISTRICT COURT OF SAN JUAN COUNTY, John
A. Dean Jr., District Judge
COUNSEL
Hector H. Balderas, Attorney General, Maris Veidemanis, Assistant Attorney General, Santa Fe, NM, for Appellee
Jorge A. Alvarado, Chief Public Defender, Stephen Taylor, Assistant Public Defender, Santa Fe, NM, for Appellant
JUDGES
JONATHAN B. SUTIN, Judge. WE CONCUR: JAMES J. WECHSLER, Judge, J. MILES HANISEE, Judge
MEMORANDUM OPINION
SUTIN, Judge.
{1} Defendant Earnest Frolick appeals from his conviction for one count of distribution of a controlled substance contrary to NMSA 1978, Section 30-31-22(A)(2)(a) (2011). On appeal, Defendant contends that the district court erred in denying his request that the jury be instructed on objective entrapment. See UJI 14-5161 NMRA. This Court issued a calendar notice proposing to agree with Defendant and proposing to reverse and remand for a new trial. [CN 6] The State has filed a response to this Court’s notice of proposed disposition informing this Court that, after due consideration, it will not be filing a memorandum in opposition to our notice. Accordingly, for the reasons stated in this Court’s notice of proposed disposition, we reverse Defendant’s conviction and remand to the district court for a new trial.
{2} IT IS SO ORDERED.
JONATHAN B. SUTIN, Judge
WE CONCUR:
JAMES J. WECHSLER, Judge
J. MILES HANISEE, Judge