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- The Defendant was on probation when his probation was revoked due to evidence from drug test results.
Procedural History
- [Not applicable or not found]
Parties' Submissions
- Plaintiff-Appellee (State of New Mexico): Did not file a memorandum opposing the Defendant's appeal.
- Defendant-Appellant (Robert Romero): Appealed the revocation of his probation, challenging the admission of drug test results at the probation revocation hearing due to lack of proper foundation.
Legal Issues
- Whether the evidence of drug test results was admitted at the probation revocation hearing without a proper foundation.
Disposition
- The Court of Appeals of New Mexico reversed the decision to revoke the Defendant's probation and remanded for a new probation revocation hearing.
Reasons
-
Per James J. Wechsler, with Linda M. Vanzi and J. Miles Hanisee concurring, the court decided to reverse and remand for a new probation revocation hearing because the evidence of drug test results was admitted without a proper foundation. The State's decision not to oppose the Defendant's appeal was also noted.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.