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STATE v. GONZALES, 35 (2016)

Court: Court of Appeals of New Mexico Number: innmco20161104328 Visitors: 12
Filed: Sep. 13, 2016
Latest Update: Sep. 13, 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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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 WECHSLER , Judge . {1} Defendant Matthew Gonzales appeals from the d
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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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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 Matthew Gonzales appeals from the district court's judgment, sentence, and commitment, filed on February 5, 2016. [RP 0082-85] This Court issued a notice of proposed disposition, proposing to reverse and remand for additional factfinding. The State filed a notice with this Court, stating that it does not intend to file a memorandum in opposition to this Court's notice of proposed disposition, and it "does not object to this Court's proposal to reverse the designation of the kidnapping conviction as a serious violent offense and remand for additional fact finding." [Notice 1, Ct. App. File] Accordingly, and for the reasons stated in our notice of proposed disposition, we reverse and remand.

{2} IT IS SO ORDERED.

TIMOTHY L. GARCIA, Judge and STEPHEN G. FRENCH, Judge, concurs.

Source:  Leagle

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