Court of Appeals of New Mexico
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Rule Set 12 - Rules of Appellate Procedure - cited by 9,423 documents
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STATE V. BUSTAMANTE
This memorandum opinion was not selected for publication in the New Mexico 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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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.
STATE OF NEW MEXICO,
Plaintiff-Appellee,
v.
JOE BUSTAMANTE,
Defendant-Appellant.
NO. 30,803
COURT OF APPEALS OF NEW MEXICO
February 7, 2012
APPEAL FROM THE DISTRICT COURT OF ROOSEVELT COUNTY, Teddy
L. Hartley, District Judge
COUNSEL
Gary K. King, Attorney General, Margaret McLean, Assistant Attorney General, Santa Fe, NM, for Appellee
Jacqueline L. Cooper, Chief Public Defender, Santa Fe, NM, for Appellant
JUDGES
RODERICK T. KENNEDY, Judge. WE CONCUR: JAMES J. WECHSLER, Judge, TIMOTHY L. GARCIA, Judge
AUTHOR:
MEMORANDUM OPINION
KENNEDY, Judge.
Summary reversal and remand for a new trial was proposed for the reasons stated in the notice of proposed disposition filed on April 14, 2011. The State has filed a response to the calendar notice, indicating that it agrees with this Court’s proposed disposition to vacate Joe Bustamante’s (Defendant) conviction and remand this case for a new trial because Defendant’s right to counsel was violated.
Accordingly, Defendant’s conviction is reversed, and the case is remanded to the district court.
IT IS SO ORDERED.
RODERICK T. KENNEDY, Judge
WE CONCUR:
JAMES J. WECHSLER, Judge
TIMOTHY L. GARCIA, Judge