Court of Appeals of New Mexico
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Rule Set 12 - Rules of Appellate Procedure - cited by 9,435 documents
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STATE V. REYES
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STATE OF NEW MEXICO,
Plaintiff-Appellee,
v.
GABRIEL GUZMAN REYES,
Defendant-Appellant,
NO. 33,059
COURT OF APPEALS OF NEW MEXICO
March 10, 2015
APPEAL FROM THE DISTRICT COURT OF DONA AÑA COUNTY,
Fernando R. Macias, District Judge
COUNSEL
Hector H. Balderas, Attorney General, Margaret McLean, Assistant Attorney General, Santa Fe, NM, for Appellee
Jorge A. Alvarado, Chief Public Defender, Sergio Viscoli, Assistant Appellate Defender, Santa Fe, NM, for Appellant
JUDGES
TIMOTHY L. GARCIA, Judge. WE CONCUR: MICHAEL E. VIGIL, Chief Judge, RODERICK T. KENNEDY, Judge
MEMORANDUM OPINION
GARCIA, Judge.
{1} Defendant appeals from a conviction for burglary, entered pursuant to a plea agreement in which he reserved the right to appeal. On November 19, 2014, we issued a second notice of proposed summary disposition in which we proposed to reverse.
{2} On February 9, 2015, the State filed a response with this Court, indicating that it would be filing a motion for stay with the New Mexico Supreme Court and requesting that we await a decision from that Court on the State’s motion before taking further action in this case. We have done so. The New Mexico Supreme Court has recently denied the State’s motion.
{3} Although it is less than entirely clear, the State’s response may incorporate a similar request that this Court stay or hold this case in abeyance pending a decision from the New Mexico Supreme Court in State v. Archuleta, ____-NMCA-____, ___ P.3d. ___, (No. 32,794, Oct. 27, 2014), cert. granted, ___-NMCERT-____ (No. 35,005, Jan. 26, 2015). To the extent that the such request is made, it is denied.
{4} Turning to the merits, we previously opined that Defendant’s conviction for burglary cannot stand in light of this Court’s decision in Archuleta. The State indicates that it “is unable to provide any additional facts or other legal argument in response to the proposed disposition.”
{5} Accordingly, for the reasons stated, we reverse and remand for further proceedings consistent herewith.
{6} IT IS SO ORDERED.
TIMOTHY L. GARCIA, Judge
WE CONCUR:
MICHAEL E. VIGIL, Chief Judge
RODERICK T. KENNEDY, Judge