Court of Appeals of New Mexico

This decision of the New Mexico Court of Appeals was not selected for publication in the New Mexico Appellate Reports.  Refer to Rule 12-405 NMRA for restrictions on the citation of unpublished decisions.  Electronic decisions may contain computer-generated errors or other deviations from the official version filed by the Court of Appeals.

IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

No. A-1-CA-37981

STATE OF NEW MEXICO,

Plaintiff-Appellee,

v.

TOMMY HERBURGER,

Defendant-Appellant.

APPEAL FROM THE DISTRICT COURT OF SANTA FE COUNTY
T. Glenn Ellington, 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 his convictions for aggravated assault with a deadly weapon (firearm) and shooting at or from a motor vehicle. This Court issued a notice of proposed disposition, proposing to summarily reverse and remand to the district court. The State filed a response to our calendar notice, stating that it “will not be filing a memorandum in opposition[.]” Accordingly, and for the reasons stated in our notice of proposed disposition, we reverse and remand for further proceedings consistent with our calendar notice.

{2}       IT IS SO ORDERED.

J. MILES HANISEE, Chief Judge

WE CONCUR:

JENNIFER L. ATTREP, Judge

BRIANA H. ZAMORA, Judge