Court of Appeals of New Mexico
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STATE V. MUÑOZ
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STATE OF NEW MEXICO,
Plaintiff-Appellee,
v.
JOSE MUÑOZ,
Defendant-Appellant.
NO. 30,612
COURT OF APPEALS OF NEW MEXICO
February 23, 2011
APPEAL FROM THE DISTRICT COURT OF SAN JUAN COUNTY, Thomas
J. Hynes, District Judge
COUNSEL
Gary K. King, Attorney General, William Lazar, Assistant Attorney General, Santa Fe, NM, for Appellee
Hugh W. Dangler, Chief Public Defender, Nina Lalevic, Assistant Appellate Defender, Santa Fe, NM, for Appellant
JUDGES
RODERICK T. KENNEDY, Judge. WE CONCUR: CYNTHIA A. FRY, Judge, LINDA M. VANZI, Judge.
AUTHOR:
MEMORANDUM OPINION
KENNEDY, Judge.
Defendant appeals his convictions for aggravated fleeing, evading an officer, failure to display registration plate, and no insurance. We issued two calendar notices. We proposed affirmance in the first calendar notice. In the second calendar notice, we proposed to affirm on all issues raised on appeal, but we proposed to reverse on the double jeopardy issue raised in Defendant’s motion to amend the docketing statement. We proposed to hold that Defendant’s convictions for evading a police officer and aggravated fleeing violated Defendant’s right to be free from double jeopardy. Accordingly, we proposed to reverse Defendant’s conviction for evading a police officer. In response to our second calendar notice, we have received a memorandum in support from the State.
For the reasons discussed in our first and second calendar notices, we affirm Defendant’s convictions for aggravated fleeing, failure to display registration plate, and no insurance, and we reverse Defendant’s conviction for evading an officer. We remand this case to the district court for entry of an amended judgment and sentence.
IT IS SO ORDERED.
RODERICK T. KENNEDY, Judge
WE CONCUR:
CYNTHIA A. FRY, Judge
LINDA M. VANZI, Judge