STATE v. GONZALES, 34 (2016)
Court: Court of Appeals of New Mexico
Number: innmco20160615484
Visitors: 6
Filed: May 17, 2016
Latest Update: May 17, 2016
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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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 HANISEE , Judge . {1} The State appeals from the district court's or
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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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 HANISEE , Judge . {1} The State appeals from the district court's ord..
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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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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
HANISEE, Judge.
{1} The State appeals from the district court's order dismissing the case without prejudice. This Court issued a second notice of proposed disposition, proposing summary reversal and remand. Defendant filed a memorandum in partial opposition, in which Defendant "concurs with the Court's proposed ruling" and only "seeks clarification [on] the proposed remedy." [MIO 1] Accordingly, for the reasons set forth in our notice of proposed disposition, we reverse the district court's order dismissing the case and remand with instructions to the district court to afford the State a fair opportunity to respond to Defendant's motion to dismiss before ruling on the motion.
{2} IT IS SO ORDERED.
TIMOTHY L. GARCIA, Judge and M. MONICA ZAMORA, Judge, concurs.
Source: Leagle
