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 after a jury trial of criminal sexual penetration (CSP) under NMSA 1978, Section 30-9-11(F) (2009) (para 1).

Procedural History

• Appeal from the District Court of Doña Ana County, Douglas R. Driggers, District Judge.

Parties' Submissions

• Appellant (Defendant): Reiterated the presentation of issues and facts asserted and argued in the docketing statement without presenting new facts, law, or arguments that could persuade the Court that the notice of proposed disposition was erroneous (para 2).
• Appellee (State of New Mexico): [Not applicable or not found]

Legal Issues

• Whether the Defendant's repetition of earlier arguments without presenting new facts, law, or arguments could persuade the Court that the notice of proposed disposition was erroneous (para 2).

Disposition

• The Court affirmed the Defendant's conviction for criminal sexual penetration (CSP) (para 3).

Reasons

• The decision was authored by Judge Julie J. Vargas, with Chief Judge J. Miles Hanisee and Judge Jennifer L. Attrep concurring. The Court remained unpersuaded by the Defendant's memorandum in opposition, which repeated issues and facts previously asserted and argued. The Court referenced the principle that the burden is on the party opposing the proposed disposition to clearly point out errors in fact or law, and merely repeating earlier arguments does not fulfill this requirement. Consequently, for the reasons stated in the notice of proposed disposition and herein, the Court affirmed the Defendant's conviction (paras 1-3).