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 case involves the Defendant, Juan Venegas, who appealed from the revocation of his probation.

Procedural History

• Appeal from the District Court of Otero County, James Waylon Counts, District Judge, November 4, 2015: The district court revoked the Defendant's probation.

Parties' Submissions

• Defendant-Appellant: Opposed the revocation of probation and disagreed with the proposed analysis regarding the revocation but did not present new arguments or authority.
• Plaintiffs-Appellees (State): Agreed with the appellate court's proposal to reverse and remand the sentence due to an apparent Linam sequencing problem.

Legal Issues

• Whether the revocation of the Defendant's probation was appropriate.
• Whether the sentence imposed upon probation revocation was correct in light of an apparent Linam sequencing problem.

Disposition

• The revocation of the Defendant’s probation is affirmed.
• The sentence is reversed and the case is remanded for further proceedings consistent with the appellate court's findings.

Reasons

• Per Michael E. Vigil, J. (Jonathan B. Sutin, J., and Roderick T. Kennedy, J., concurring):
  The appellate court issued a notice of proposed summary disposition, suggesting affirming the probation revocation but reversing and remanding the sentence due to a Linam sequencing issue. The Defendant opposed the analysis on the revocation but did not provide new evidence or arguments. Both parties agreed with the proposal to reverse and remand the sentence for correction. Based on the lack of new arguments against the revocation and the agreement on the sentencing issue, the court decided to affirm the revocation and reverse and remand the sentence for further proceedings.