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, Brandt Thrower, entered a conditional plea in magistrate court, challenging the denial of his motion to dismiss.

Procedural History

• Magistrate Court: Defendant's motion to dismiss was denied.
• District Court of San Juan County, Dalene Marsh, District Judge: The denial of Defendant's motion to dismiss was upheld.

Parties' Submissions

• Defendant-Appellant: Argued for the dismissal of the case against him, leading to a conditional plea in magistrate court and an appeal to the district court upon denial.
• Plaintiff-Appellee (State of New Mexico): Responded to the Defendant's appeal by noting its intention not to file a memorandum in opposition to the proposed disposition favoring the Defendant.

Legal Issues

• Whether the district court's denial of Defendant's motion to dismiss should be reversed.

Disposition

• The district court’s denial of Defendant’s motion to dismiss is reversed.
• The case is remanded to the district court with instructions to issue an order of remand to the magistrate court, permitting Defendant to withdraw his conditional plea.

Reasons

• Per Michael D. Bustamante, J. (Michael E. Vigil, Chief Judge, and Timothy L. Garcia, Judge, concurring): The decision to reverse the district court's denial of the Defendant's motion to dismiss was based on the reasons stated in the Court of Appeals' notice of proposed disposition. The State's response, indicating its intention not to oppose the proposed disposition, was also considered. The remand to the district court, with further instructions to allow the Defendant to withdraw his conditional plea, follows the procedures set forth in State v. Celusniak.