Court of Appeals of New Mexico
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Rule Set 12 - Rules of Appellate Procedure - cited by 9,525 documents
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STATE V. GONZALES
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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
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