Elawyers Elawyers
Ohio| Change

STATE v. LOERA, 32 (2012)

Court: Court of Appeals of New Mexico Number: innmco20130124346 Visitors: 4
Filed: Dec. 18, 2012
Latest Update: Dec. 18, 2012
Summary: 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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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 atte
More

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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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 attempt to escape from custody of CYFD. [MIO 1; RP 93] This Court issued a notice of proposed summary disposition proposing to affirm, and Defendant has filed a timely memorandum in opposition. After considering the arguments made in Defendant's memorandum in opposition, we are not persuaded that our proposed disposition is in error. Therefore, we affirm Defendant's convictions.

In our notice, we observed that Defendant had pleaded guilty to all of the crimes except first degree kidnapping. See NMSA 1978, § 30-4-1 (2003). We then reviewed the evidence in support of that conviction and proposed to affirm.

In his memorandum in opposition, Defendant confines his argument to the first degree kidnapping conviction. [MIO 3] He summarizes the evidence discussed in our notice of proposed summary disposition [MIO 1-2], but fails to rebut or dispute any of the analysis contained in that notice.

Therefore, for the reasons discussed in our notice of proposed summary disposition, we affirm Defendant's convictions and sentence.

IT IS SO ORDERED.

CYNTHIA A. FRY, Judge and RODERICK T. KENNEDY, Judge, concurs.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer