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STATE V. PIERSON

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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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.
SANDRA PIERSON,
Defendant-Appellant.

No. 33,898

COURT OF APPEALS OF NEW MEXICO

January 29, 2015


APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY, Kenneth H. Martinez, District Judge

COUNSEL

Hector H. Balderas, Attorney General, Santa Fe, NM, M. Victoria Wilson, Assistant Attorney General, Albuquerque, NM, for Appellee

Geoffrey D. Scovil, Albuquerque, NM, for Appellant

JUDGES

JONATHAN B. SUTIN, Judge. WE CONCUR: MICHAEL E. VIGIL, Chief Judge, CYNTHIA A. FRY, Judge

AUTHOR: JONATHAN B. SUTIN

MEMORANDUM OPINION

SUTIN, Judge.

{1}       Defendant Sandra Pierson appeals from the district court’s judgment, sentence, partially suspended sentence, and commitment to the New Mexico Department of Corrections entered on June 5, 2014. As set forth in the judgment and sentence, Defendant was convicted of the identified crimes, pursuant to guilty plea, in the following cases:  D-202-CR-2010-03521 (forgery); D-202-CR-2010-03811 (unlawful taking of a motor vehicle); D-202-CR-2010-04398 (residential burglary); D-202-CR-2012-01086 (racketeering, conspiracy to commit racketeering, and two counts of forgery); and D-202-CR-2012-01087 (receiving or transferring a stolen vehicle). This Court issued a calendar notice, proposing to reverse the district court’s judgment and sentence and remand for resentencing in accordance with the plea agreement. The State filed a memorandum in response to our notice [Ct. App. File], stating that it “does not oppose this Court’s proposed summary disposition[.]” [MIO 1] Accordingly, for the reasons stated in our notice of proposed disposition, we reverse and remand to the district court for resentencing and entry of a new judgment and sentence that conforms with the plea agreement.

{2}       IT IS SO ORDERED.

JONATHAN B. SUTIN, Judge

WE CONCUR:

MICHAEL E. VIGIL, Chief Judge

CYNTHIA A. FRY, Judge

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