This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date. MEMORANDUM OPINION SUTIN, Judge. Defendant appeals from the district court's judgment and...
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. MEMORANDUM OPINION JONATHAN B. SUTIN, Judge. Defendant appeals his convictions for first degree kidnapping, aggravated battery (great bodily harm), aggravated escape or attempt to escape from custody of the Children, Youth and Families Department (CYFD), and conspiracy to commit aggravated escape or...
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. MEMORANDUM OPINION JONATHAN B. SUTIN, Judge. The State appealed from an order suppressing evidence. On October 23, 2012, we issued a notice of proposed summary disposition, proposing to affirm. The State has filed a response with this Court indicating that it will not be filing a memorandum in...
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. MEMORANDUM OPINION JONATHAN B. SUTIN, Judge. Summary reversal was proposed for the reasons stated in the notice of proposed summary disposition. No memorandum opposing summary reversal has been filed and the time for doing so has expired. REVERSED. IT IS SO ORDERED. MICHAEL E. VIGIL, Judge and...
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. MEMORANDUM OPINION JONATHAN B. SUTIN, Judge. Petitioner appealed from the district court's determination that the parties' child could relocate to Italy with Respondent. This Court issued a notice of proposed summary disposition proposing to affirm the district court's determination. Petitioner has...
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. MEMORANDUM OPINION JONATHAN B. SUTIN, Judge. Defendant is appealing, pro se, from a district court order denying his motion to set aside a 2001 judgment. We proposed to dismiss the appeal for failure to file a timely notice of appeal in the proper court. Alternatively, we proposed to affirm because...
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. MEMORANDUM OPINION JONATHAN B. SUTIN, Judge. Defendant appeals his conviction for one count of larceny over $20,000. [MIO unnumbered page 1; RP 134] This Court issued a notice of proposed summary disposition proposing to affirm, and Defendant filed a timely memorandum in opposition. We considered the...
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. MEMORANDUM OPINION CELIA FOY CASTILLO, Judge. Defendant appeals from the amended judgment and sentence. This Court's first calendar notice proposed to affirm the district court. Defendant filed a memorandum in opposition to the proposed disposition. We are not persuaded by Defendant's arguments, and...
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. MEMORANDUM OPINION CELIA FOY CASTILLO, Judge. Defendant appeals his conviction of DWI, contending that the trial court erred in refusing his defense of duress. We proposed to affirm. Defendant has timely responded to our proposal. We have considered his arguments and, finding them unpersuasive, we...
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. MEMORANDUM OPINION JONATHAN B. SUTIN, Judge. Summary affirmance was proposed for the reasons stated in the notice of proposed summary disposition. No memorandum opposing summary affirmance has been filed and the time for doing so has expired. AFFIRMED. IT IS SO ORDERED. JAMES J. WECHSLER, Judge and...
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. MEMORANDUM OPINION LINDA M. VANZI, Judge. Defendant, Gary Maylon Sanders, appearing pro se, appeals from the district court's denial of his motion to reconsider sentence. The district court concluded it lacked jurisdiction to consider the motion because it was not timely filed pursuant to Rule 5-801(B)...
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. MEMORANDUM OPINION JAMES J. WECHSLER, Judge. Child appeals from the children's court's order revoking his probation. He contends that (1) he did not have proper notice of the conditions of his probation to satisfy due process requirements; (2) the children's court improperly refused to grant him a...
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. MEMORANDUM OPINION TIMOTHY L. GARCIA, Judge. Jackie Theobald (Appellant) has appealed from the revocation of her driver's license. We issued a notice of proposed summary disposition on October 11, 2012, proposing to reverse and remand for further proceedings. On October 25, 2012, Respondent-Appellee (...
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. MEMORANDUM OPINION JONATHAN B. SUTIN, Judge. Defendant appeals from a consolidated plea agreement that reserved the right to challenge the denial of his motion to suppress as it related to two of his convictions. On appeal, he argues that he was subjected to a traffic stop that lacked reasonable...
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. MEMORANDUM OPINION RODERICK T. KENNEDY, Judge. Richard MacLaurin (Defendant) appeals from his felony conviction for driving while under the influence of intoxicating liquor and/or drugs (DWI). He claims there was insufficient evidence to support his conviction because the State did not prove he was in...
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. MEMORANDUM OPINION MICHAEL E. VIGIL, Judge. In this opinion we decide three appeals which concern various efforts by Barbara Saul to execute and foreclose on property awarded to Diane Saul in the divorce case between Diane and L.N. Saul, the son of Barbara Saul. The efforts are anchored in a stipulated...
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. MEMORANDUM OPINION TIMOTHY L. GARCIA, Judge. A jury convicted Defendant of two counts of armed robbery, conspiracy to commit armed robbery, tampering with evidence, and conspiracy to commit tampering with evidence. Defendant raises four issues on appeal: (1) his two conspiracy convictions violated his...
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. MEMORANDUM OPINION LINDA M. VANZI, Judge. Defendant Blake Green appeals his convictions from a verdict finding him guilty of second degree criminal sexual penetration of a minor (CSPM) and fourth degree criminal sexual contact of a minor (CSCM). Defendant raises six issues on appeal: (1) there was...
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. MEMORANDUM OPINION MICHAEL D. BUSTAMANTE, Judge. This case calls us to explore the outer boundaries of the Land Commissioner's discretion when reviewing a hearing officer's ruling as to the value of improvements on public lands. Appellant, on behalf of the owner of the improvements, contends that the...
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. MEMORANDUM OPINION JONATHAN B. SUTIN, Judge. A jury found Defendant Edgar Santillano guilty of one count of criminal sexual penetration in the third degree of a child thirteen to sixteen years of age, contrary to NMSA 1978, Section 30-9-11(A) and (G)(1) (2007) (amended 2009), and of three counts of...
