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

• Ervey Rodriguez was convicted on multiple charges. The specifics of the events leading to these convictions are not detailed in the provided text.

Procedural History

• Appeal from the District Court of Eddy County, Lisa B. Riley, District Judge, July 28, 2016: The lower court's decision led to Rodriguez's appeal to the Court of Appeals of New Mexico.

Parties' Submissions

• Defendant-Appellant: Relied on the arguments set forth in his first memorandum in opposition to challenge the sufficiency of the evidence and the sentence imposed.
• Plaintiff-Appellee: Did not oppose the proposed summary disposition suggested by the Court of Appeals, which included affirming the convictions but vacating the sentence and remanding for a new sentencing hearing.

Legal Issues

• Whether the evidence presented at trial was sufficient to support the Defendant's convictions.
• Whether the sentence imposed by the trial court should be vacated and the case remanded for a new sentencing hearing.

Disposition

• The Court of Appeals affirmed the Defendant's convictions but vacated the sentence and remanded the case for further proceedings.

Reasons

• Per Jonathan B. Sutin, with James J. Wechsler and M. Monica Zamora concurring, the Court of Appeals decided to affirm the Defendant's convictions based on the sufficiency of the evidence presented at trial. However, the Court agreed that there was a need to vacate the sentence and remand for a new sentencing hearing, aligning with the Defendant's challenge and the State's lack of opposition to this proposed disposition (paras 1-2).