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 by a jury trial for first degree kidnapping, second degree criminal sexual penetration, and aggravated battery of a household member causing great bodily harm (para 1).

Procedural History

• APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY, Stan Whitaker, District Judge: The Defendant appealed from the district court's judgment and sentence following a jury trial that convicted him of first degree kidnapping, second degree criminal sexual penetration, and aggravated battery of a household member causing great bodily harm (para 1).

Parties' Submissions

• Defendant-Appellant: The Defendant filed several pleadings in the Court of Appeals but did not file a memorandum in opposition in Case Number 32,156 and no docketing statement in Case Number 32,518. Eventually, the Defendant filed a notice of intent to waive the filing of the memorandum in opposition (para 1).
• Plaintiff-Appellee: [Not applicable or not found]

Legal Issues

• (N/A)

Disposition

• The Court of Appeals affirmed the district court’s judgment and sentence (para 1).

Reasons

• Per Cynthia A. Fry, J. (Roderick T. Kennedy, Chief Judge, and Michael D. Bustamante, Judge, concurring): The Court was not persuaded by the Defendant's docketing statement that demonstrated error and proposed to affirm the district court's judgment and sentence. The Defendant's failure to file a memorandum in opposition in Case Number 32,156 and no docketing statement in Case Number 32,518, along with the subsequent filings, including a notice of intent to waive the filing of the memorandum in opposition, led to the affirmation of the district court’s judgment and sentence (para 1).