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. VAUGHN
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STATE OF NEW MEXICO,
Plaintiff-Appellee,
v.
JEREMIE QUADON VAUGHN,
Defendant-Appellant.
No. 34,448
COURT OF APPEALS OF NEW MEXICO
December 1, 2015
APPEAL FROM THE DISTRICT COURT OF LEA COUNTY, Mark T.
Sanchez, 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, JONATHAN B. SUTIN, Judge
MEMORANDUM OPINION
GARCIA, Judge.
{1} We proposed summary reversal of the district court’s determination concerning the Earned Meritorious Deductions Act (EMDA) and to remand this matter to the district court to allow additional factfinding or to set aside the EMDA portion of the sentence. No memorandum opposing this proposed disposition has been filed, and the time for doing so has expired. Therefore, we reverse the district court’s determination concerning the EMDA and remand this case to the district court for further factfinding concerning the EMDA or to set aside the EMDA portion of the sentence.
{2} IT IS SO ORDERED.
TIMOTHY L. GARCIA Judge
WE CONCUR:
MICHAEL E. VIGIL, Chief Judge
JONATHAN B. SUTIN, Judge