Court of Appeals of New Mexico
Decision Information
Rule Set 12 - Rules of Appellate Procedure - cited by 9,517 documents
Citations - New Mexico Appellate Reports
State v. Radosevich - cited by 78 documents
Decision Content
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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
No. A-1-CA-38012
STATE OF NEW MEXICO,
Plaintiff-Appellee,
v.
MALORIE PERKINS,
Defendant-Appellant.
APPEAL FROM THE DISTRICT COURT OF LINCOLN COUNTY
Daniel A. Bryant, District Judge
Hector H. Balderas, Attorney General
Charles J. Gutierrez, Assistant Attorney General
Santa Fe, NM
for Appellee
Bennett J. Baur, Chief Public Defender
Will O’Connell, Assistant Appellate Defender
Santa Fe, NM
for Appellant
MEMORANDUM OPINION
, Chief Judge.
{1} Defendant has appealed her convictions for misdemeanor battery and felony-level tampering with evidence. We issued a second notice of proposed summary disposition in which we proposed to affirm with respect to the sufficiency of the evidence, but to reverse and remand for amendment of the judgment and sentence to reflect a conviction for tampering with evidence of an indeterminate offense (a petty misdemeanor), and for resentencing in accordance with State v. Radosevich, 2018-NMSC-028, ¶ 22, 419 P.3d 176.
{2} Defendant has filed a response indicating that she continues to oppose our proposed summary disposition with respect to the sufficiency of the evidence. We remain unpersuaded. The State has filed a response indicating that it does not oppose our proposal to reverse in part and remand for the purpose of amending the judgment and sentence and resentencing in accordance with Radosevich.
{3} Accordingly, for the reasons previously stated, we affirm with respect of the sufficiency of the evidence. However, we reverse in part and remand with instructions to amend the judgment and sentence to reflect a conviction for indeterminate offense tampering, and to resentence accordingly.
{4} IT IS SO ORDERED.
J. MILES HANISEE, Chief Judge
WE CONCUR:
JENNIFER L. ATTREP, Judge
BRIANA H. ZAMORA, Judge