Court of Appeals of New Mexico
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Rule Set 12 - Rules of Appellate Procedure - cited by 9,435 documents
Citations - New Mexico Appellate Reports
State v. Celusniak - cited by 85 documents
Decision Content
STATE V. THROWER
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STATE OF NEW MEXICO,
Plaintiff-Appellee,
v.
BRANDT THROWER,
Defendant-Appellant.
No. 35,189
COURT OF APPEALS OF NEW MEXICO
June 7, 2016
APPEAL FROM THE DISTRICT COURT OF SAN JUAN COUNTY, Dalene
Marsh, District Judge
COUNSEL
Hector H. Balderas, Attorney General, Santa Fe, NM, M. Anne Kelly, Assistant Attorney General, Albuquerque, NM, for Appellee
Tyson Quail, Farmington, NM, for Appellant
JUDGES
MICHAEL D. BUSTAMANTE, Judge. WE CONCUR: MICHAEL E. VIGIL, Chief Judge, TIMOTHY L. GARCIA, Judge
MEMORANDUM OPINION
BUSTAMANTE, Judge.
{1} Having entered a conditional plea in magistrate court, Defendant Brandt Thrower appealed to the district court for review of the denial of his motion to dismiss. The district court also denied Defendant’s motion to dismiss, [RP 30] and this appeal followed. Summary reversal was proposed for the reasons stated in the notice of proposed disposition filed on April 15, 2016. On May 16, 2016, the State filed a response to our proposed disposition noting its intention not to file a memorandum in opposition. Accordingly, we reverse the district court’s denial of Defendant’s motion to dismiss for the reasons stated in this Court’s notice of proposed disposition. In addition, consistent with the procedures set forth in State v. Celusniak, 2004-NMCA-070, ¶¶ 8-15, 135 N.M. 728, 93 P.3d 10, we remand to the district court so that it may issue an order of remand to the magistrate court permitting Defendant to withdraw his conditional plea.
{2} IT IS SO ORDERED.
MICHAEL D. BUSTAMANTE, Judge
WE CONCUR:
MICHAEL E. VIGIL, Chief Judge
TIMOTHY L. GARCIA, Judge