Court of Appeals of New Mexico
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Rule Set 12 - Rules of Appellate Procedure - cited by 9,472 documents
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STATE V. JOHNSON
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STATE OF NEW MEXICO,
Plaintiff-Appellee,
v.
GERALD JOHNSON, JR.,
Defendant-Appellant.
No. A-1-CA-36236
COURT OF APPEALS OF NEW MEXICO
February 12, 2018
APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY, Stan
Whitaker, District Judge
COUNSEL
Hector H. Balderas, Attorney General, Maris Veidemanis, Assistant Attorney General, Santa Fe, NM, for Appellee
Law Office of Scott M. Davidson, Ph.D, Scott M. Davidson, Albuquerque, NM, for Appellant
JUDGES
MICHAEL E. VIGIL, Judge. WE CONCUR: LINDA M. VANZI, Chief Judge, STEPHEN G. FRENCH, Judge
MEMORANDUM OPINION
VIGIL, Judge.
{1} Defendant Gerald Johnson, Jr. appeals following re-sentencing upon remand by this Court and asserts on appeal the district court erred by denying him the opportunity to allocute and to present mitigating evidence at his resentencing. [3 RP 553; DS 3-4] This Court issued a notice proposing to summarily reverse. [CN 1, 3-4] The State filed a response indicating it will not file a memorandum in opposition to our notice of proposed disposition. Therefore, based on the reasons set forth in this Court’s notice of proposed disposition, we reverse.
{2} IT IS SO ORDERED.
MICHAEL E. VIGIL, Judge
WE CONCUR:
LINDA M. VANZI, Chief Judge
STEPHEN G. FRENCH, Judge