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 the petty misdemeanor of concealing identity and felony possession of a controlled substance. The events leading to these convictions are not detailed in the provided text.

Procedural History

  • Appeal from the District Court of Lea County, Mark Terrence Sanchez, District Judge, April 6, 2015: Convictions for concealing identity and possession of a controlled substance were issued.

Parties' Submissions

  • Appellant: The Defendant's arguments or submissions are not specified in the provided text.
  • Appellee: The State decided not to file a memorandum in opposition to the appeal.

Legal Issues

  • Whether the conviction for concealing identity should be affirmed.
  • Whether the conviction for possession of a controlled substance should be reversed and remanded for a new trial due to the failure to instruct on the elements of the crime.

Disposition

  • The conviction for concealing identity is affirmed.
  • The conviction for possession of a controlled substance is reversed and remanded for a new trial.

Reasons

  • BUSTAMANTE, Judge (CYNTHIA A. FRY, Judge and J. MILES HANISEE, Judge concurring): The Court decided to affirm the Defendant's conviction for concealing identity and reverse and remand the conviction for possession of a controlled substance. The reversal for the possession charge was based on the failure to instruct on the elements of the crime, as detailed in the Court's second calendar notice. The State's decision not to oppose the Defendant's appeal was also noted.
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