State v. Tollardo

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This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date. 1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 2 STATE OF NEW MEXICO, 3 Plaintiff-Appellee, 4 v. NO. 34,547 5 STEVE TOLLARDO, 6 Defendant-Appellant. 7 APPEAL FROM THE DISTRICT COURT OF TAOS COUNTY 8 Gerald E. Baca, District Judge 9 Hector H. Balderas, Attorney General 10 Santa Fe, NM 11 for Appellee 12 Jorge A. Alvarado, Chief Appellate Defender 13 Will O’Connell, Assistant Appellate Defender 14 Santa Fe, NM 15 for Appellant 16 MEMORANDUM OPINION 17 KENNEDY, Judge. 18 {1} Defendant Steve Tollardo appeals from the district court’s amended judgment 19 and sentence. [3 RP 541] On October 6, 2014, Defendant filed a timely motion for 1 reconsideration of sentence pursuant to Rule 5-801 NMRA. [3 RP 548] See id. (“A 2 motion to reduce a sentence may be filed within ninety (90) days after the sentence is 3 imposed[.]”). Summary dismissal was proposed for lack of a final order. Defendant 4 filed a response indicating that he agrees with our proposed dismissal. Accordingly, 5 we dismiss for the reasons stated in this Court’s notice of proposed disposition. 6 {2} IT IS SO ORDERED. 7 8 _______________________________ RODERICK T. KENNEDY, Judge 9 WE CONCUR: 10 ___________________________________ 11 JAMES J. WECHSLER, Judge 12 _________________________________ 13 J. MILES HANISEE, Judge 2

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