State v. Wink
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1 2 3 4 5 This memorandum opinion was not selected for publication in the New Mexico 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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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. 6 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 7 STATE OF NEW MEXICO, 8 Plaintiff-Appellee, 9 v. NO. 31,266 10 EVAN WINK, 11 Defendant-Appellant. 12 APPEAL FROM THE DISTRICT COURT OF DOÃ A ANA COUNTY 13 Lisa C. Schultz, District Judge 14 Gary K. King, Attorney General 15 Nicole Beder, Assistant Attorney General 16 Santa Fe, NM 17 for Appellee 18 Templeman & Crutchfield, PA 19 C. Barry Crutchfield 20 Lovington, NM 21 for Appellant 22 23 BUSTAMANTE, Judge. MEMORANDUM OPINION 1 Defendant appeals the dismissal of his appeal from magistrate court to district 2 court. In our second notice, we proposed to reverse the dismissal. The State has 3 responded that it does not oppose our proposed reversal. 4 Therefore, for the reasons stated in our second notice, we reverse and remand 5 to reinstate the appeal and permit defense counsel to set it for trial de novo. 6 IT IS SO ORDERED. 7 8 MICHAEL D. BUSTAMANTE, Judge 9 WE CONCUR: 10 11 JONATHAN B. SUTIN, Judge 12 13 MICHAEL E. VIGIL, Judge 2
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