Court of Appeals of New Mexico

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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

No. A-1-CA-38308

STATE OF NEW MEXICO,

Plaintiff-Appellee,

v.

MARION LOOPE,

Defendant-Appellant.

APPEAL FROM THE DISTRICT COURT OF LOS ALAMOS COUNTY
Jason Lidyard, District Judge

Hector H. Balderas, Attorney General

Maris Veidemanis, Assistant Attorney General

Santa Fe, NM

for Appellee

Bennett J. Baur, Chief Public Defender

Santa Fe, NM

for Appellant

MEMORANDUM OPINION

HANISEE, Chief Judge.

{1}       Defendant appeals from her conviction, following a jury trial, for assault on a household member, asserting the jury instructions were flawed and the evidence was insufficient to convict Defendant. In this Court’s notice of proposed disposition, we proposed to summarily reverse on the instructional issue and to remand for a new trial, given our proposed conclusion that the evidence was sufficient. [CN 7-8] The State filed a notice of intent not to file a memorandum in opposition. Defendant did not respond to our notice of proposed disposition, and the time for doing so has expired.

{2}       Accordingly, for the reasons set forth in this Court’s notice of proposed disposition, we reverse Defendant’s conviction and remand for a new trial.

{3}       IT IS SO ORDERED.

J. MILES HANISEE, Chief Judge

WE CONCUR:

JACQUELINE R. MEDINA, Judge

BRIANA H. ZAMORA, Judge