Court of Appeals of New Mexico
Decision Information
Chapter 30 - Criminal Offenses - cited by 5,758 documents
Rule Set 12 - Rules of Appellate Procedure - cited by 9,504 documents
Decision Content
STATE V. REED
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STATE OF NEW MEXICO,
Plaintiff-Appellee,
v.
RUSSELL REED,
Defendant-Appellant.
NO. 30,713
COURT OF APPEALS OF NEW MEXICO
March 1, 2011
APPEAL FROM THE DISTRICT COURT OF EDDY COUNTY, J. Richard
Brown, District Judge
COUNSEL
Gary K. King, Attorney General, Nicole Beder, Assistant Attorney General, Santa Fe, NM, for Appellee
Hugh W. Dangler, Chief Public Defender, Santa Fe, NM, Nia Rucker, Assistant Public Defender, Carlsbad, NM, for Appellant
JUDGES
RODERICK T. KENNEDY, Judge. WE CONCUR: JONATHAN B. SUTIN, Judge, TIMOTHY L. GARCIA, Judge
AUTHOR:
MEMORANDUM OPINION
KENNEDY, Judge.
Defendant appeals his conviction for aggravated battery on a household member. We issued a notice of proposed summary disposition proposing summary reversal on a basis that the State offered insufficient evidence to establish victim was a “household member” within the meaning of NMSA 1978, Section 30-3-11(A) (2010). The State has responded that it does not oppose reversal of Defendant’s conviction on that basis.
Accordingly, we reverse Defendant’s conviction.
IT IS SO ORDERED.
RODERICK T. KENNEDY, Judge
WE CONCUR:
JONATHAN B. SUTIN, Judge
TIMOTHY L. GARCIA, Judge