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 for shooting at a dwelling or occupied structure, aggravated assault with a firearm, and being a felon in possession of a firearm. The case was brought before the New Mexico Court of Appeals for review.

Procedural History

• Appeal from the District Court of Curry County: The Defendant was convicted for shooting at a dwelling or occupied structure, aggravated assault with a firearm, and felon in possession of a firearm.

Parties' Submissions

• Defendant-Appellant: Opposes the affirmance of his convictions for aggravated assault with a firearm and felon in possession of a firearm, relying on the facts, authorities, and arguments in the docketing statement. No new arguments or authority were raised in the memorandum in opposition.
• Plaintiff-Appellee (State of New Mexico): Filed a notice of intent not to file a memorandum in opposition to the proposed disposition.

Legal Issues

• Whether the Defendant's convictions for shooting at a dwelling or occupied structure, aggravated assault with a firearm, and felon in possession of a firearm should be upheld.

Disposition

• The conviction for shooting at a dwelling was reversed.
• The remaining convictions for aggravated assault with a firearm and felon in possession of a firearm were affirmed.

Reasons

• Per ZAMORA, Chief Judge (VANZI, Judge and DUFFY, Judge concurring): The Court decided to reverse the Defendant's conviction for shooting at a dwelling based on the considerations stated in the second notice of proposed disposition. Despite the Defendant's opposition, the Court found no new arguments or authority to warrant a reversal of the convictions for aggravated assault with a firearm and felon in possession of a firearm. The decision was made in concurrence by Judges VANZI and DUFFY, with Chief Judge ZAMORA authoring the memorandum opinion (para 1).