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STATE v. SLADE, 128. (2015)

Court: Court of Appeals of New Mexico Number: innmco20150515407 Visitors: 12
Filed: Apr. 06, 2015
Latest Update: Apr. 06, 2015
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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. 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 BUSTAMANTE , Judge . {1} Defendant appeals from the judgment and sen
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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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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

{1} Defendant appeals from the judgment and sentence setting forth his convictions for the petty misdemeanor of concealing identity and for felony possession of a controlled substance. [RP 99] Our second calendar notice proposed (1) to affirm Defendant's conviction for concealing identity, and (2) to reverse and remand for a new trial for Defendant's possession of a controlled substance conviction based on the failure to instruct on the elements of the crime. In its response, the State provides that it will not be filing a memorandum in opposition.

{2} For the reasons detailed in our second notice, we affirm Defendant's conviction for concealing identity, and reverse and remand for a new trial for Defendant's conviction for possession of a controlled substance.

{3} IT IS SO ORDERED.

CYNTHIA A. FRY, Judge and J. MILES HANISEE, Judge, concurs.

Source:  Leagle

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