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

• Carlos Velazquez was convicted for criminal damage to the property of a household member valued under $1000. The conviction was based on charges that he damaged property belonging to a household member.

Procedural History

• Appeal from the District Court of Doña Ana County, Fernando R. Macias, District Judge: Conviction for criminal damage to the property of a household member under $1000.

Parties' Submissions

• Defendant-Appellant: Argued that the district court erred in denying his motion for directed verdict due to insufficient evidence, specifically the lack of evidence establishing that the damaged property belonged to a household member.
• Plaintiff-Appellee: Initially proposed to affirm the Defendant's conviction but later filed a notice of intent not to oppose the Defendant's appeal after the Court of Appeals proposed to reverse the conviction based on the identified evidentiary issue.

Legal Issues

• Whether the district court erred in denying the Defendant's motion for directed verdict due to insufficient evidence proving the damaged property belonged to a household member.

Disposition

• The Court of Appeals reversed the Defendant's conviction for criminal damage to the property of a household member under $1000.

Reasons

• Per LINDA M. VANZI, Chief Judge (TIMOTHY L. GARCIA, Judge, and JULIE J. VARGAS, Judge concurring):
  The Court of Appeals initially proposed to affirm the Defendant's conviction but reversed its decision upon further review. The reversal was based on the absence of evidence or jury instruction establishing that the damaged property belonged to a household member, a necessary element of the charged offense under NMSA 1978, Section 30-3-18 (2009). The State's decision not to file a memorandum in opposition to the Court's second notice of proposed disposition further supported the decision to reverse the conviction (paras 1-2).