Court of Appeals of New Mexico
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Rule Set 12 - Rules of Appellate Procedure - cited by 9,410 documents
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STATE V. CHARLES TOWN
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STATE OF NEW MEXICO,
Plaintiff-Appellee,
v.
CHARLES TOWN,
Defendant-Appellant.
No. 36,334
COURT OF APPEALS OF NEW MEXICO
July 26, 2017
APPEAL FROM THE DISTRICT COURT OF OTERO COUNTY, Angie K.
Schneider, District Judge
COUNSEL
Hector H. Balderas, Attorney General, Santa Fe, NM, Charles J. Gutierrez, Assistant Attorney General, Albuquerque, NM, for Appellee
Bennett J. Baur, Chief Public Defender, Will O’Connell, Assistant Appellate Defender, Santa Fe, NM, for Appellant
JUDGES
TIMOTHY L. GARCIA, Judge. WE CONCUR: LINDA M. VANZI, Chief Judge, HENRY M. BOHNHOFF, Judge
MEMORANDUM OPINION
GARCIA, Judge.
{1} Defendant has appealed from a conviction for aggravated battery. We previously issued a notice of proposed summary disposition in which we proposed to reject Defendant’s challenge to the sufficiency of the evidence, but to reverse in light of an apparent evidentiary error. Defendant has filed a memorandum in support, and the State has filed a memorandum indicating that it does not oppose.
{2} Accordingly, for the reasons previously stated, we reverse and remand for further proceedings.
{3} IT IS SO ORDERED.
TIMOTHY L. GARCIA, Judge
WE CONCUR:
LINDA M. VANZI, Chief Judge
HENRY M. BOHNHOFF, Judge