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  Refer to Rule 12-405 NMRA for restrictions on the citation of unpublished decisions.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-40072

STATE OF NEW MEXICO,

Plaintiff-Appellee,

v.

BEVERLY MELENDEZ,

Defendant-Appellant.

APPEAL FROM THE DISTRICT COURT OF SANTA FE COUNTY
Mary Marlowe Sommer, District Court Judge

Raúl Torrez, 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

IVES, Judge.

{1}       Defendant appeals her convictions for second degree murder and negligent use of a weapon. [CN 1] In our notice of proposed disposition, we proposed to reverse Defendant’s convictions because the detective in this case failed to honor Defendant’s unequivocal request for counsel. [CN 4, 6] The State has responded to this Court’s notice of proposed disposition, stating that it does not oppose the Court’s proposed resolution in this case. [Rsp. 1] Accordingly, for the reasons stated in our notice of proposed disposition and herein, we reverse Defendant’s convictions and remand this case to the district court for further proceedings.

{2}       IT IS SO ORDERED.

ZACHARY A. IVES, Judge

WE CONCUR:

J. MILES HANISEE, Judge

JANE B. YOHALEM, Judge