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STATE V. JOHNSON

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STATE OF NEW MEXICO,
Plaintiff-Appellee,
v.
GERALD JOHNSON, JR.,
Defendant-Appellant.

No. A-1-CA-36236

COURT OF APPEALS OF NEW MEXICO

February 12, 2018


APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY, Stan Whitaker, District Judge

COUNSEL

Hector H. Balderas, Attorney General, Maris Veidemanis, Assistant Attorney General, Santa Fe, NM, for Appellee

Law Office of Scott M. Davidson, Ph.D, Scott M. Davidson, Albuquerque, NM, for Appellant

JUDGES

MICHAEL E. VIGIL, Judge. WE CONCUR: LINDA M. VANZI, Chief Judge, STEPHEN G. FRENCH, Judge

AUTHOR: MICHAEL E. VIGIL

MEMORANDUM OPINION

VIGIL, Judge.

{1}       Defendant Gerald Johnson, Jr. appeals following re-sentencing upon remand by this Court and asserts on appeal the district court erred by denying him the opportunity to allocute and to present mitigating evidence at his resentencing. [3 RP 553; DS 3-4] This Court issued a notice proposing to summarily reverse. [CN 1, 3-4] The State filed a response indicating it will not file a memorandum in opposition to our notice of proposed disposition. Therefore, based on the reasons set forth in this Court’s notice of proposed disposition, we reverse.

{2}       IT IS SO ORDERED.

MICHAEL E. VIGIL, Judge

WE CONCUR:

LINDA M. VANZI, Chief Judge

STEPHEN G. FRENCH, Judge

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