OPINION SUTIN , Judge . {1} Husband Jeffrey Martinez and Wife Angela Martinez were divorced in May 2011. In the years following the divorce, the parties have engaged in a protracted and bitter dispute over alleged violations relating to court orders, spousal support, child support, property division, and attorney fees. Husband appeals (1) a contempt order entered by the district court in connection with enforcement of a spousal support award to Wife and awarding attorney fees to Wife, (2)...
OPINION VANZI , Judge . {1} Defendant Manuel Gallegos-Delgado is an undocumented immigrant who pled guilty to drug possession and driving while under the influence of alcohol in exchange for the State agreeing not to oppose a conditional discharge of the drug charge. Federal removal proceedings were then initiated against Defendant, pursuant to the Immigration and Nationality Act (INA), 8 U.S.C. 1101-1537 (2012), and he was permanently deported. Defendant subsequently filed a motion to...
OPINION ZAMORA , Judge . {1} In this case, we are presented with the question—can an arbitrator designated by the parties to conduct an arbitration be disqualified by the American Arbitration Association (AAA) for cause if the parties do not also explicitly agree in writing that the arbitrator shall function as a non-neutral arbitrator The district court ruled that he could be disqualified. We affirm. I. PROCEDURAL AND FACTUAL BACKGROUND {2} In the fall of 2011, Stephen and Barbro...
OPINION MICHAEL E. VIGIL , Chief Judge . {1} Defendant appeals from a jury verdict finding him guilty of voluntary manslaughter, in violation of NMSA 1978, Section 30-2-3(A) (1994), and felony and criminal solicitation to commit tampering with evidence, in violation of NMSA 1978, Section 30-28-3(A) (1979). Concluding that the evidence supports the convictions, we affirm, but remand the case to the district court to correct a clerical error in the judgment, sentence, and order determining...
OPINION RODERICK T. KENNEDY , Judge . {1} Defendant was convicted of twelve counts of criminal sexual penetration of a minor. Six of these counts of the indictment pertained to one child, and six to another. Otherwise, all twelve charges in the indictment were exact duplicates with precisely the same language. Defendant's motion for a bill of particulars was denied prior to trial; his motion for a directed verdict was denied. Defendant now asserts on appeal that these identical counts...
OPINION KENNEDY , Judge . {1} Joseph and Linda Gammon, builders in search of a property to split and develop, purchased a piece of property with the help of their realtor, French & French Fine Properties, Inc. (FFFP). Neither the Gammons nor FFFP took notice of a covenant creating a minimum lot size for that property, and the Gammons created two impermissibly small lots from the property they purchased. The neighboring property owners sued the Gammons and FFFP seeking to enforce the...
OPINION TIMOTHY L. GARCIA , Judge . {1} We write to clarify various issues regarding the remittitur of a bail bond that has been forfeited pursuant to NMSA 1978, Section 31-3-2 (1993). When a bail bond has been filed in the magistrate court to secure the release of a defendant in a criminal case and the bond has not been transferred to the district court, all proceedings regarding the forfeiture of the bond must occur in the magistrate court. In addition, any subsequent proceedings to...
OPINION HANISEE , Judge . {1} The State appeals from the dismissal of its criminal information charging Defendant with fraud in violation of NMSA 1978, Section 30-16-6(A), (F) (2006). We reverse. {2} Rule 5-601(B) NMRA provides that "[a]ny defense, objection or request which is capable of determination without a trial on the merits may be raised before trial by motion." In State v. Foulenfont, 1995-NMCA-028, 119 N.M. 788 , 895 P.2d 1329 , we held that a district court may dismiss a...
OPINION KENNEDY , Judge . {1} In this case we determine that a five- to fifteen-second delay in proceeding from a red light turned green does not constitute obstructing traffic as a matter of law in violation of a City of Albuquerque Ordinance entitled "Vehicles, Pedestrians Not to Obstruct Streets." Albuquerque, N.M., Rev. Ordinances ch. 8, art. I, 8-2-1-33 (1974) (the Ordinance). Consequently, we also hold that the officer who stopped Defendant solely for a violation of the Ordinance...
OPINION BUSTAMANTE , Judge . {1} Mira Consulting, Inc. appeals the dismissal of its complaint for declaratory judgment. We agree with the district court that New Mexico's Procurement Code does not apply here and that dismissal under Rule 1-012(B)(6) NMRA was appropriate. We therefore affirm. BACKGROUND {2} Mira Consulting, Inc. (Mira) is a for-profit New Mexico corporation providing dental services primarily in Albuquerque. Albuquerque Public Schools (APS) issued a "Request for...
OPINION KENNEDY , Judge . I. INTRODUCTION {1} Defendant was charged with concealing his identity and attempting to disarm a peace officer. The district court convicted him of both charges in a bench trial. Defendant appeals, arguing that the evidence produced at trial was insufficient to support a guilty verdict beyond a reasonable doubt with respect to each element of each charge. We conclude that the evidence was sufficient to support Defendant's convictions, and we affirm. II....
OPINION SUTIN , Judge . {1} On appeal, Defendant Daniel G. Aragon attempts to have a misdemeanor driving while intoxicated (DWI) conviction in a de novo bench trial in district court dismissed because the DWI charge and a traffic citation were not joined under the compulsory joinder rule, Rule 5-203(A) NMRA. We hold that the compulsory joinder rule does not require joinder in this case, and therefore the district court did not err in denying Defendant's motion to dismiss. BACKGROUND {2}...
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 VANZI , Judge . {1} Defendant appeals from the district court's...
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 VANZI , Judge . {1} The State appeals from the district court's...
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 VANZI , Judge . {1} Summary affirmance was proposed for the reasons...
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 VANZI , Judge . {1} Summary affirmance was proposed for the reasons...
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 VIGIL , Chief Judge . {1} Defendant Ernest Telles appeals his...
MEMORANDUM OPINION VIGIL , Chief Judge . {1} Defendant Kinley Yazzie (Defendant) appeals his conviction for possession of a controlled substance (methamphetamine), following a conditional guilty plea, in which he reserved his right to appeal the district court's denial of his motion to suppress evidence. [RP 53-59, 71-74; DS 2] We issued a notice of proposed disposition proposing to affirm. Defendant filed a memorandum in opposition, which we have duly considered. We remain unpersuaded by...
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 WECHSLER , Judge . {1} Defendant Zachary Gonzales appeals from 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. 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 WECHSLER , Judge . {1} Summary affirmance was proposed for the...
