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STATE V. RODRIGUEZ

This memorandum opinion was not selected for publication in the New Mexico 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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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.

JOSE ANGEL RODRIGUEZ,
Defendant-Appellant.

No. 32,103

COURT OF APPEALS OF NEW MEXICO

July 20, 2012


APPEAL FROM THE DISTRICT COURT OF DOÑA ANA COUNTY, Fernando R. Macias, District Judge

COUNSEL

Gary K. King, Attorney General, Albuquerque, NM, for Appellee

Jacqueline L. Cooper, Chief Public Defender, Karl Erich Martell, Assistant Appellate Defender, Santa Fe, NM, for Appellant

JUDGES

RODERICK T. KENNEDY, Judge. WE CONCUR: CYNTHIA A. FRY, Judge, LINDA M. VANZI, Judge

AUTHOR: RODERICK T. KENNEDY, Judge. WE CONCUR: CYNTHIA A. FRY, Judge, LINDA M. VANZI, Judge

MEMORANDUM OPINION

KENNEDY, Judge.

Jose Angel Rodriguez (Defendant) appeals his conviction and sentence for aggravated stalking (violation of a protection order). [RP 160] This Court issued a notice of proposed summary disposition proposing to affirm, and Defendant has filed a timely memorandum in opposition to the proposed summary affirmance. In his memorandum, Defendant fails to rebut or dispute any of the analysis contained in our notice of proposed summary disposition. Instead, he requests that this Court assign his appeal to the general calendar to reconsider some of the cases relied upon in our proposed summary disposition. [MIO 3] We decline to do so.

Therefore, for the reasons set forth in our notice of proposed summary disposition, we affirm Defendant’s conviction and sentence.

IT IS SO ORDERED.

RODERICK T. KENNEDY, Judge

WE CONCUR:

CYNTHIA A. FRY, Judge

LINDA M. VANZI, Judge

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