Court of Appeals of New Mexico

Decision Information

Citations - New Mexico Laws and Court Rules
Rule Set 12 - Rules of Appellate Procedure - cited by 9,525 documents

Decision Content

STATE V. GONZALES

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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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.
MATTHEW GONZALES,
Defendant-Appellant.

NO. 35,481

COURT OF APPEALS OF NEW MEXICO

September 13, 2016


APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY, Cristina Jaramillo, District Judge

COUNSEL

Hector H. Balderas, Attorney General, Santa Fe, NM, Elizabeth Ashton, Assistant Attorney General, Albuquerque, NM, for Appellee

Bennett J. Baur, Chief Public Defender, Santa Fe, NM, for Appellant

JUDGES

JAMES J. WECHSLER, Judge. WE CONCUR: TIMOTHY L. GARCIA, Judge, STEPHEN G. FRENCH, Judge

AUTHOR: JAMES J. WECHSLER

MEMORANDUM OPINION

WECHSLER, Judge.

{1}       Defendant Matthew Gonzales appeals from the district court’s judgment, sentence, and commitment, filed on February 5, 2016. [RP 0082-85] This Court issued a notice of proposed disposition, proposing to reverse and remand for additional factfinding. The State filed a notice with this Court, stating that it does not intend to file a memorandum in opposition to this Court’s notice of proposed disposition, and it “does not object to this Court’s proposal to reverse the designation of the kidnapping conviction as a serious violent offense and remand for additional fact finding.” [Notice 1, Ct. App. File] Accordingly, and for the reasons stated in our notice of proposed disposition, we reverse and remand.

{2}       IT IS SO ORDERED.

JAMES J. WECHSLER, Judge

WE CONCUR:

TIMOTHY L. GARCIA, Judge

STEPHEN G. FRENCH, Judge

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.