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 attempted first-degree murder, false imprisonment, battery on a household member, and assault on a household member. The case arose from incidents involving the Defendant and a household member, leading to legal proceedings and the subsequent appeal by the Defendant against her convictions.

Procedural History

• Appeal from the District Court of Doña Ana County, Conrad F. Perea, District Court Judge.

Parties' Submissions

• Appellant (Defendant): Argued that the convictions for assault on a household member and battery on a household member violate the Defendant's right to be free from double jeopardy.
• Appellee (State): Did not oppose the Defendant's argument regarding the violation of double jeopardy rights concerning the conviction for assault on a household member.

Legal Issues

• Whether the Defendant's convictions for assault on a household member and battery on a household member violate the Defendant's right to be free from double jeopardy.

Disposition

• The Court agreed with the Defendant that her double jeopardy rights were violated with respect to the conviction for assault on a household member and remanded to the district court with instructions to vacate this conviction.
• The Court affirmed the Defendant's remaining convictions.

Reasons

• Per Jennifer L. Attrep, Chief Judge (J. Miles Hanisee, Judge, and Megan P. Duffy, Judge, concurring):
  The Court initially proposed to affirm the Defendant's convictions but reconsidered upon the Defendant's opposition and request to add the issue of double jeopardy. After reviewing the Defendant's argument and the State's non-opposition to this issue, the Court found that the Defendant's double jeopardy rights were indeed violated by the conviction for assault on a household member. Consequently, the Court reversed this part of the lower court's decision and remanded for proceedings to vacate the assault conviction, while affirming the remaining convictions.