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 State charged the Child with burglary. The district court dismissed the charge, leading to the State's appeal. The appeal was stayed pending the decision in State v. Archuleta, which addressed the same legal issue regarding the charge of burglary. After the Archuleta decision, the stay was lifted, and the Court of Appeals proposed to affirm the district court's dismissal based on the Archuleta precedent (paras 1-3).
Procedural History
- District Court of Doña Ana County, Marcie E. Beyer, District Judge: Dismissed the charge of burglary against the Child.
- Court of Appeals of New Mexico, March 9, 2014: Issued a stay on the appeal pending the decision in State v. Archuleta, later lifted the stay and proposed to affirm the district court's dismissal based on the Archuleta decision (para 1).
Parties' Submissions
- Plaintiff-Appellant (State): Objected to the Court of Appeals' proposed summary disposition and requested the appeal be held in abeyance or for an opportunity to seek guidance from the New Mexico Supreme Court regarding the impact of the Archuleta decision on pending appeals (para 2).
- Defendant-Appellee (Child): [Not applicable or not found]
Legal Issues
- Whether the district court's order dismissing the charge of burglary against the Child should be affirmed based on the precedent set by the Court of Appeals in State v. Archuleta (para 1).
Disposition
- The Court of Appeals affirmed the district court’s order granting the Child’s motion to dismiss the charge of burglary (para 3).
Reasons
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Per Michael D. Bustamante, J. (Michael E. Vigil, Chief Judge, and Jonathan B. Sutin, Judge, concurring): The Court of Appeals decided to affirm the district court's dismissal of the burglary charge against the Child, relying on the precedent established in State v. Archuleta. The State's objection to the proposed summary disposition and request for a stay or guidance from the New Mexico Supreme Court were noted, but the Supreme Court denied the State's request. The Court of Appeals found no material factual or legal distinctions between this case and Archuleta, leading to the affirmation of the district court's decision (paras 1-3).
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