Court of Appeals of New Mexico

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STATE OF NEW MEXICO,
Plaintiff-Appellee,
v.
CODY RUIZ,
Defendant-Appellant.

No. 35,700

COURT OF APPEALS OF NEW MEXICO

March 20, 2017

APPEAL FROM THE DISTRICT COURT OF LEA COUNTY, Mark T. Sanchez, District Judge

COUNSEL

Hector H. Balderas, Attorney General, Santa Fe, NM, for Appellee

Templeman and Crutchfield, C. Barry Crutchfield, Lovington, NM, for Appellant

JUDGES

M. MONICA ZAMORA, Judge. WE CONCUR: JAMES J. WECHSLER, Judge, TIMOTHY L. GARCIA, Judge

AUTHOR: M. MONICA ZAMORA

MEMORANDUM OPINION

ZAMORA, Judge.

{1}       Defendant Cody Ruiz appeals from his judgment and sentence, entered pursuant to a plea agreement, convicting him of two counts of homicide by vehicle. This Court proposed to reverse on the summary calendar. The State filed a pleading entitled “State’s Notice of Non-Filing a Memorandum in Opposition,” indicating its intent not to file a memorandum in opposition to this Court’s proposed disposition. Accordingly, for the reasons stated in the notice of proposed disposition, we reverse and remand to the district court for entry of an amended judgment and sentence removing the serious violent offenses designation.

{2}       IT IS SO ORDERED.

M. MONICA ZAMORA, Judge

WE CONCUR:

JAMES J. WECHSLER, Judge

TIMOTHY L. GARCIA, Judge