Court of Appeals of New Mexico
Decision Information
Rule Set 12 - Rules of Appellate Procedure - cited by 9,502 documents
Citations - New Mexico Appellate Reports
State v. Armijo - cited by 82 documents
State v. Maes - cited by 73 documents
Decision Content
STATE V. M. MONTOYA
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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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-Appellant,
v.
MELANIE MONTOYA,
Defendant-Appellee.
NO. 28,833
COURT OF APPEALS OF NEW MEXICO
January 6, 2009
APPEAL FROM THE DISTRICT COURT OF OTERO COUNTY, Frank K.
Wilson, District Judge
COUNSEL
Gary K. King, Attorney General, Ann M. Harvey, Assistant Attorney General, Santa Fe, NM, for Appellant
Hugh W. Dangler, Chief Public Defender, Santa Fe, NM, for Appellee
JUDGES
CELIA FOY CASTILLO, Judge. WE CONCUR: JONATHAN B. SUTIN, Chief Judge, CYNTHIA A. FRY, Judge
AUTHOR:
MEMORANDUM OPINION
CASTILLO, Judge.
The State appeals from an order granting Defendant’s motion for default judgment in a forfeiture action. We proposed to affirm in a notice of proposed summary disposition, and the State has filed a response indicating that it is unable to present any additional facts or legal arguments to dispute our proposed disposition.
Although the State concedes the issue, we independently review the proceedings to insure that the record supports our proposed disposition. See State v. Maes, 100 N.M. 78, 80, 665 P.2d 1169, 1171 (Ct. App. 1983), abrogated on other grounds as stated in State v. Armijo, 2005-NMCA-010, ¶ 27, 136 N.M. 723, 104 P.3d 1114. After reviewing the record, we affirm for the reasons set forth in our notice of proposed summary disposition.
IT IS SO ORDERED.
CELIA FOY CASTILLO, Judge
WE CONCUR:
JONATHAN B. SUTIN, Chief Judge
CYNTHIA A. FRY, Judge