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STATE v. VAUGHN, 34 (2015)

Court: Court of Appeals of New Mexico Number: innmco20160115638 Visitors: 14
Filed: Dec. 01, 2015
Latest Update: Dec. 01, 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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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 TIMOTHY L. GARCIA , Judge . { 1} We proposed summary reversal of th
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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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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} We proposed summary reversal of the district court's determination concerning the Earned Meritorious Deductions Act (EMDA) and to remand this matter to the district court to allow additional factfinding or to set aside the EMDA portion of the sentence. No memorandum opposing this proposed disposition has been filed, and the time for doing so has expired. Therefore, we reverse the district court's determination concerning the EMDA and remand this case to the district court for further factfinding concerning the EMDA or to set aside the EMDA portion of the sentence.

{¶ 2} IT IS SO ORDERED.

MICHAEL E. VIGIL, Chief Judge, JONATHAN B. SUTIN, Judge, Concur.

Source:  Leagle

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