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 charged with non-residential burglary. The specific events leading to this charge are not detailed in the decision.

Procedural History

• Appeal from the District Court of Doña Ana County, Darren M. Kugler, District Judge: The district court dismissed the charge of non-residential burglary against the Defendant.

Parties' Submissions

• Plaintiff-Appellant (State): Objected to the proposed summary disposition by the Court of Appeals and requested the appeal be held in abeyance or for an opportunity to seek guidance from the New Mexico Supreme Court regarding all pending appeals controlled by the opinion in State v. Archuleta.
• Defendant-Appellee (Coty E. Jimenez): [Not applicable or not found]

Legal Issues

• Whether the district court's order dismissing the charge of non-residential burglary against the Defendant should be affirmed based on the precedent set by State v. Archuleta.

Disposition

• The Court of Appeals affirmed the district court’s order granting the Defendant’s motion to dismiss the charge of non-residential burglary.

Reasons

• Per Michael E. Vigil, Chief Judge (Cynthia A. Fry, Judge, J. Miles Hanisee, Judge concurring): The Court of Appeals decided to affirm the district court's dismissal of the non-residential burglary charge against the Defendant, relying on the precedent set by State v. Archuleta. The State's objection to the Court of Appeals' proposed summary disposition and request for abeyance or an opportunity to seek guidance from the New Mexico Supreme Court were noted, but the Supreme Court denied the State's request, maintaining the precedential value of Archuleta. The State was unable to provide any additional facts or legal arguments to distinguish this case from Archuleta, leading the Court of Appeals to affirm the district court's decision for the reasons stated in their notice of proposed disposition (paras 1-3).