Court of Appeals of New Mexico
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Rule Set 12 - Rules of Appellate Procedure - cited by 9,517 documents
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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
No. A-1-CA-39217
STATE OF NEW MEXICO,
Plaintiff-Appellee,
v.
JOSHUA LOYD,
Defendant-Appellant.
APPEAL FROM THE DISTRICT COURT OF CURRY COUNTY
Matthew E. Chandler, District Judge
Hector H. Balderas, Attorney General
Laurie K. Blevins, Assistant Attorney General
Santa Fe, NM
for Appellee
Bennett J. Baur, Chief Public Defender
Mary Barket, Assistant Appellate Defender
Santa Fe, NM
for Appellant
MEMORANDUM OPINION
HANISEE, Chief Judge.
{1} Defendant appeals from his possession of a controlled substance conviction set forth in the district court’s judgment and sentence. This Court entered a notice of proposed disposition, proposing to summarily affirm. Defendant filed a memorandum in opposition and motion to amend the docketing statement. We then entered a second notice of proposed disposition, proposing to summarily reverse Defendant’s conviction and order a new trial. Subsequently, the State filed with this Court a notice that it will not be filing a memorandum in opposition to this Court’s second notice of proposed disposition. Accordingly, for the reasons stated in our second notice of proposed disposition and herein, we reverse the district court’s judgment and sentence, vacate Defendant’s conviction of possession of a controlled substance, and remand to the district court for a new trial.
{2} IT IS SO ORDERED.
J. MILES HANISEE, Chief Judge
WE CONCUR:
KRISTINA BOGARDUS, Judge
JANE B. YOHALEM, Judge