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 by a jury in the district court for the criminal sexual penetration of a child in the second degree.

Procedural History

• District Court of San Miguel County: Convicted the Defendant of criminal sexual penetration of a child in the second degree.

Parties' Submissions

• Plaintiff-Appellee (State of New Mexico): Initially sought to uphold the conviction of the Defendant but ultimately concurred with the appellate court's proposed disposition to reverse and remand the case (para 1).
• Defendant-Appellant (David Garcia): Appealed the district court’s judgment and sentence, leading to a proposed summary disposition to reverse and remand his conviction.

Legal Issues

• Whether the conviction of the Defendant for criminal sexual penetration of a child in the second degree should be reversed and the case remanded for further proceedings (para 1).

Disposition

• The conviction of the Defendant for criminal sexual penetration of a child in the second degree is reversed, and the case is remanded for further proceedings (para 1).

Reasons

• Per Bogardus, J. (Attrep and Duffy, JJ., concurring): The appellate court decided to reverse and remand the Defendant's conviction based on the reasons outlined in their notice of proposed summary disposition. The State concurred with this proposed disposition and did not intend to file a memorandum in opposition, leading to the unanimous decision to reverse and remand the case for further proceedings in the absence of opposition from either party (para 1).