AI Generated Opinion Summaries

Decision Information

Decision Content

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 of aggravated assault with a deadly weapon (firearm) and shooting at or from a motor vehicle. The specifics leading to these convictions are not detailed in the provided text.

Procedural History

  • District Court of Santa Fe County, T. Glenn Ellington, District Judge: Convicted the Defendant of aggravated assault with a deadly weapon (firearm) and shooting at or from a motor vehicle.

Parties' Submissions

  • Plaintiff-Appellee (State of New Mexico): The State's specific arguments are not detailed, but it indicated that it would not be filing a memorandum in opposition to the appeal.
  • Defendant-Appellant (Tommy Herburger): The Defendant's specific arguments on appeal are not detailed in the provided text.

Legal Issues

  • (N/A)

Disposition

  • The convictions for aggravated assault with a deadly weapon (firearm) and shooting at or from a motor vehicle were reversed and the case was remanded for further proceedings consistent with the court's calendar notice.

Reasons

  • Per HANISEE, Chief Judge (JENNIFER L. ATTREP, Judge and BRIANA H. ZAMORA, Judge concurring): The Court decided to reverse and remand the Defendant's convictions based on the reasons stated in their notice of proposed disposition. The State's decision not to file a memorandum in opposition to the appeal was acknowledged (para 1).
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