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-40887

STATE OF NEW MEXICO,

Plaintiff-Appellee,

v.

CHRISTINA LORI URIOSTE

a/k/a CHRISTINA URIOSTE,

Defendant-Appellant.

APPEAL FROM THE DISTRICT COURT OF SAN MIGUEL COUNTY
ABIGAIL ARAGON, District Court Judge

Raúl Torrez, Attorney General

Santa Fe, NM

for Appellee

Bennett J. Baur, Chief Public Defender

Santa Fe, NM

Steven J. Forsberg, Assistant Appellate Defender

Albuquerque, NM

for Appellant

MEMORANDUM OPINION

MEDINA, Judge.

{1}       Defendant appeals the district court’s order revoking Defendant’s probation. In this Court’s notice of proposed disposition, we proposed to summarily affirm. Defendant filed a memorandum in opposition, which we have duly considered. Remaining unpersuaded, we affirm.

{2}       In the memorandum in opposition, Defendant maintains that the district court improperly revoked Defendant’s probation, arguing there was insufficient evidence to support a finding that Defendant violated the probation conditions alleged in the State’s petition to revoke and that the district court erred by not sanctioning the State for a violation of Rule 5-805 NMRA. [MIO 1] Defendant has failed to assert any new facts, law, or arguments that persuade this Court that our notice of proposed disposition was erroneous. See State v. Mondragon, 1988-NMCA-027,¶ 10, 107 N.M. 421, 759 P.2d 1003 (stating that a party responding to a summary calendar notice must come forward and specifically point out errors of law and fact, and the repetition of earlier arguments does not fulfill this requirement), superseded by statute on other grounds as stated in State v. Harris, 2013-NMCA-031, ¶ 3, 297 P.3d 374; see also Hennessy v. Duryea, 1998-NMCA-036, ¶ 24, 124 N.M. 754, 955 P.2d 683 (“Our courts have repeatedly held that, in summary calendar cases, the burden is on the party opposing the proposed disposition to clearly point out errors in fact or law.”).

{3}       Accordingly, for the reasons stated in our notice of proposed disposition and herein, we affirm.

{4}       IT IS SO ORDERED.

JACQUELINE R. MEDINA, Judge

WE CONCUR:

JENNIFER L. ATTREP, Chief Judge

KATHERINE A. WRAY, Judge