AI Generated Opinion Summaries

Decision Information

Decision Content

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Facts

  • The case involves the Defendant's appeal from a district court order revoking his probation.

Procedural History

  • APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY: The district court revoked the Defendant's probation.

Parties' Submissions

  • Plaintiff-Appellee (State of New Mexico): The specific arguments made by the Plaintiff-Appellee are not detailed in the provided text.
  • Defendant-Appellant (Jose Hernandez): The Defendant indicated that he would not be filing a memorandum in opposition to the court's second notice proposing to affirm the district court's order.

Legal Issues

  • Whether the district court's order revoking the Defendant's probation should be affirmed.

Disposition

  • The Court of Appeals affirmed the district court order revoking the Defendant's probation.

Reasons

  • ATTREP, Judge (with J. MILES HANISEE, Chief Judge, and ZACHARY A. IVES, Judge concurring): The decision to affirm the district court's order revoking the Defendant's probation was based on the Defendant's failure to specifically point out errors of law and fact in response to the court's second calendar notice. This approach follows the precedent set in State v. Mondragon, which requires a party responding to a summary calendar notice to come forward and specifically point out such errors (para 1).
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