AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The Defendant was convicted of aggravated battery on a household member.

Procedural History

• Appeal from the District Court of Eddy County, J. Richard Brown, District Judge, March 1, 2011: Conviction for aggravated battery on a household member.

Parties' Submissions

• Appellant: The submission or argument made by the Appellant is not explicitly detailed in the provided text. However, it can be inferred that the Appellant challenged the sufficiency of the evidence regarding the victim's status as a "household member."
• Appellee: Responded to the notice of proposed summary disposition by agreeing that there was insufficient evidence to establish that the victim was a “household member” within the meaning of the relevant statute.

Legal Issues

• Whether the State provided sufficient evidence to establish that the victim was a “household member” under NMSA 1978, Section 30-3-11(A) (2010).

Disposition

• The Defendant’s conviction for aggravated battery on a household member was reversed.

Reasons

• Per Roderick T. Kennedy, J. (Jonathan B. Sutin, J., and Timothy L. Garcia, J., concurring): The court issued a notice of proposed summary disposition suggesting a summary reversal based on the insufficiency of evidence to prove the victim was a "household member" as required by the statute. The State did not oppose this reversal on the specified grounds. Consequently, the court reversed the Defendant's conviction, aligning with the State's concession regarding the lack of sufficient evidence on the critical element of the victim's status as a household member.