State v. Town

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This decision was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of non-precedential dispositions. Please also note that this electronic decision may contain computer-generated errors or other deviations from the official paper version filed by the Supreme Court. 1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 2 STATE OF NEW MEXICO, 3 Plaintiff-Appellee, 4 v. No. 36,334 5 CHARLES TOWN, 6 Defendant-Appellant. 7 APPEAL FROM THE DISTRICT COURT OF OTERO COUNTY 8 Angie K. Schneider, District Judge 9 10 11 12 Hector H. Balderas, Attorney General Santa Fe, NM Charles J. Gutierrez, Assistant Attorney General Albuquerque, NM 13 for Appellee 14 Bennett J. Baur, Chief Public Defender 15 Will O’Connell, Assistant Appellate Defender 16 Santa Fe, NM 17 for Appellant 18 MEMORANDUM OPINION 19 GARCIA, Judge. 20 {1} Defendant has appealed from a conviction for aggravated battery. We 1 previously issued a notice of proposed summary disposition in which we proposed to 2 reject Defendant’s challenge to the sufficiency of the evidence, but to reverse in light 3 of an apparent evidentiary error. Defendant has filed a memorandum in support, and 4 the State has filed a memorandum indicating that it does not oppose. 5 {2} Accordingly, for the reasons previously stated, we reverse and remand for 6 further proceedings. 7 {3} IT IS SO ORDERED. 8 9 ________________________________ TIMOTHY L. GARCIA, Judge 10 WE CONCUR: 11 _______________________________ 12 LINDA M. VANZI, Chief Judge 13 _______________________________ 14 HENRY M. BOHNHOFF, Judge 2

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