Court of Appeals of New Mexico
Decision Information
Chapter 33 - Correctional Institutions - cited by 1,029 documents
Rule Set 12 - Rules of Appellate Procedure - cited by 9,472 documents
Citations - New Mexico Appellate Reports
State v. Frawley - cited by 98 documents
State v. Morales - cited by 83 documents
Decision Content
STATE V. ORTEGA
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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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.
STATE OF NEW MEXICO,
Plaintiff-Appellee,
v.
JAMES A. ORTEGA,
Defendant-Appellant.
NO. 34,203
COURT OF APPEALS OF NEW MEXICO
April 8, 2015
APPEAL FROM THE DISTRICT COURT OF CHAVEZ COUNTY, Steven
L. Bell, District Judge
COUNSEL
Hector H. Balderas, Attorney General, Santa Fe, NM, Kenneth H. Stalter, Assistant Attorney General, Albuquerque, NM, for Appellee
Jorge A. Alvarado, Chief Public Defender, Santa Fe, NM, for Appellant
JUDGES
JAMES J. WECHSLER, Judge. WE CONCUR: MICHAEL E. VIGIL, Chief Judge, MICHAEL D. BUSTAMANTE, Judge
MEMORANDUM OPINION
WECHSLER, Judge.
{1} Defendant appeals the district court's determination that his kidnapping conviction is a “serious violent offense” for the purposes of the Earned Meritorious Deductions Act (EMDA), NMSA 1978, § 33-2-34 (2006). We proposed to hold that the district court did not provide a sufficient basis for denying credit under the EMDA. The State has responded by indicating that it opposes our calendar notice only to the extent that it asks us to remand for additional factfinding on the EMDA issue, if appropriate. [MIO 3] We agree that remand for reconsideration of the issue is appropriate. State v. Morales, 2002-NMCA-016, ¶ 19, 131 N.M. 530, 39 P.3d 747, abrogated on other grounds by State v. Frawley, 2007-NMSC–057, ¶ 36, 143 N.M. 7, 172 P.3d 144.
{2} For the reasons set forth above and in our calendar notice, we reverse the EMDA determination and remand this matter to the district court pursuant to Morales.
{3} IT IS SO ORDERED.
JAMES J. WECHSLER, Judge
WE CONCUR:
MICHAEL E. VIGIL, Chief Judge
MICHAEL D. BUSTAMANTE, Judge