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, Cody Ruiz, was convicted of two counts of homicide by vehicle under a plea agreement.
Procedural History
- Appeal from the District Court of Lea County, Mark T. Sanchez, District Judge, March 20, 2017: Convicted of two counts of homicide by vehicle.
Parties' Submissions
- Appellant: The submission of the Appellant, Cody Ruiz, led to the Court's proposal to reverse the judgment and sentence on the summary calendar. The specific arguments made by the Appellant are not detailed in the provided text.
- Appellee: The State indicated its intent not to oppose the Court's proposed disposition by filing a "State’s Notice of Non-Filing a Memorandum in Opposition."
Legal Issues
- Whether the judgment and sentence convicting Cody Ruiz of two counts of homicide by vehicle, including the serious violent offenses designation, should be reversed.
Disposition
- The Court of Appeals reversed the judgment and sentence and remanded to the district court for entry of an amended judgment and sentence removing the serious violent offenses designation.
Reasons
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The decision was made by a panel consisting of Judges M. Monica Zamora, James J. Wechsler, and Timothy L. Garcia. The Court proposed to reverse the judgment and sentence on the summary calendar. The State's decision not to file a memorandum in opposition to the Court's proposed disposition was acknowledged. The reasons for the Court's decision are based on the arguments and information presented in the notice of proposed disposition, leading to the reversal and remand for entry of an amended judgment and sentence to remove the serious violent offenses designation (para 1).
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