AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The Defendant was charged with commercial burglary. She entered a conditional plea, reserving the right to appeal the issues raised in her motion to dismiss the charge.

Procedural History

• Appeal from the District Court of Bernalillo County, Kenneth H. Martinez, District Judge: The district court denied the Defendant's motion to dismiss the charge of commercial burglary.

Parties' Submissions

• Appellant (Defendant): Argued for the dismissal of the commercial burglary charge, reserving the right to appeal the issues raised in her motion to dismiss.
• Appellee (State): Objected to the proposed summary disposition by the Court of Appeals and requested to hold the appeal in abeyance or provide the State with an opportunity to seek guidance from the New Mexico Supreme Court on all pending appeals controlled by the Court of Appeals' opinion in State v. Archuleta.

Legal Issues

• Whether the district court's order denying the Defendant's motion to dismiss the charge of commercial burglary should be reversed based on the Court of Appeals' opinion in State v. Archuleta.

Disposition

• The Court of Appeals reversed the Defendant’s conviction for commercial burglary.

Reasons

• Per J. MILES HANISEE, with MICHAEL D. BUSTAMANTE and JONATHAN B. SUTIN, Judges concurring: The Court of Appeals decided to reverse the Defendant's conviction for commercial burglary, relying on its opinion in State v. Archuleta. The State's objection to the proposed summary disposition was noted but not elaborated upon, and the Court found no material factual distinctions that would remove this case from the control of Archuleta. The Supreme Court denied the State's request for a stay or other remedy that would suspend the precedential value of Archuleta, leading the Court of Appeals to apply its ruling in Archuleta to the present case (paras 1-2).