Court of Appeals of New Mexico
Decision Information
Chapter 30 - Criminal Offenses - cited by 5,766 documents
Rule Set 12 - Rules of Appellate Procedure - cited by 9,546 documents
Citations - New Mexico Appellate Reports
Hennessy v. Duryea - cited by 668 documents
State v. Harris - cited by 446 documents
State v. Mondragon - cited by 555 documents
Decision Content
STATE V. ACOSTA
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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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.
MARIO MATA ACOSTA,
Defendant-Appellant.
NO. A-1-CA-36580
COURT OF APPEALS OF NEW MEXICO
September 17, 2018
APPEAL FROM THE DISTRICT COURT OF LEA COUNTY, Gary L.
Clingman, District Judge
COUNSEL
Hector H. Balderas, Attorney General, Santa Fe, NM, for Appellee
Bennett J. Baur, Chief Public Defender, Nina Lalevic, Assistant Public Defender, Santa Fe, NM, for Appellant
JUDGES
MICHAEL E. VIGIL, Judge. WE CONCUR: EMIL J. KIEHNE, Judge, DANIEL J. GALLEGOS, Judge
MEMORANDUM OPINION
VIGIL, Judge.
{1} Defendant Mario Mata Acosta appeals from his conviction, after a jury trial, of the unlawful taking of a motor vehicle, contrary to NMSA 1978, Section 30-16D-1(A)(1) (2009). In this Court’s notice of proposed disposition, we proposed to summarily affirm. Defendant filed a memorandum in opposition (MIO), which we have duly considered. Remaining unpersuaded, we affirm.
{2} Defendant continues to argue that his statement should have been suppressed as it was not knowing, intelligent, and voluntary. [MIO 2] However, Defendant has not asserted any new facts or presented any authority or arguments to persuade this Court that our notice of proposed disposition was erroneous. [See MIO 2-5; see also MIO 4 n.1] See Hennessy v. Duryea, 1998-NMCA-036, ¶ 24, 124 N.M. 754, 955 P.2d 683 (“Our courts have repeatedly held that, in summary calendar cases, the burden is on the party opposing the proposed disposition to clearly point out errors in fact or law.”); State v. Mondragon, 1988-NMCA-027, ¶ 10, 107 N.M. 421, 759 P.2d 1003 (stating that a party responding to a summary calendar notice must come forward and specifically point out errors of law and fact, and the repetition of earlier arguments does not fulfill this requirement), superseded by statute on other grounds as stated in State v. Harris, 2013-NMCA-031, ¶ 3, 297 P.3d 374. We therefore refer Defendant to our analysis in our notice of proposed disposition.
{3} Accordingly, for the reasons stated in our notice of proposed disposition and herein, we affirm Defendant’s conviction.
{4} IT IS SO ORDERED.
MICHAEL E. VIGIL, Judge
WE CONCUR:
EMIL J. KIEHNE, Judge
DANIEL J. GALLEGOS, Judge