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 convicted in metropolitan court for battery upon a household member. The case was then appealed to the district court, which affirmed the conviction. The Defendant subsequently appealed to the Court of Appeals of New Mexico.

Procedural History

• District Court of Bernalillo County, Benjamin Chavez, District Judge: Affirmed the Defendant's conviction for battery upon a household member.

Parties' Submissions

• Appellant (Defendant): Filed a memorandum in opposition to the proposed disposition, presenting no new argument or evidence.
• Appellee (State): Argued for the affirmation of the Defendant's conviction, as reflected in the district court's well-reasoned opinion.

Legal Issues

• Whether the district court's affirmation of the Defendant's conviction for battery upon a household member should be upheld.
• Whether the Defendant remains free to pursue relief via a petition for habeas corpus despite the appeal.

Disposition

• The Court of Appeals affirmed the Defendant's conviction for battery upon a household member.

Reasons

• Per Michael D. Bustamante, J. (Michael E. Vigil, Chief Judge, and Linda M. Vanzi, Judge, concurring):
  The Court decided to affirm the Defendant's conviction, adopting the district court's reasoning as its own due to the absence of new arguments or evidence presented by the Defendant (para 1). The Court also acknowledged the Defendant's right to pursue relief through a habeas corpus petition, referencing a Supreme Court decision that supports this proposition (para 2). Lastly, the Court addressed a procedural issue regarding the memorandum in opposition submitted by the Defendant, which lacked signatures, directing appellate counsel to rectify this clerical error by filing a signed original document (para 3).