State v. Martinez

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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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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. 1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 2 STATE OF NEW MEXICO, 3 Plaintiff-Appellant, 4 v. NO. 31,242 5 JOSEPH MARTINEZ, 6 Defendant-Appellee. 7 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY 8 Denise Barela Shepherd, District Judge 9 10 11 12 Gary K. King, Attorney General Margaret McLean, Assistant Attorney General Joel Jacobsen, Assistant Attorney General Santa Fe, NM 13 for Appellant 14 Bregman & Loman, P.C. 15 Eric Loman 16 Albuquerque, NM 17 for Appellee 18 19 VANZI, Judge. MEMORANDUM OPINION 1 Appellant s Motion for Rehearing is granted. The memorandum opinion filed 2 in this case on February 15, 2012, is hereby withdrawn, and this opinion is substituted 3 in its place. 4 Summary affirmance was proposed for the reasons stated in the notice of 5 proposed disposition. The State has informed us that it does not oppose the proposed 6 result, although it has also asked us to provide clarification on a single point. As 7 requested, we clarify that we do not decide what effect, if any, the trial court s order 8 has on the alleged victim s right to freely testify in any future proceeding. 9 10 AFFIRMED. IT IS SO ORDERED. 11 12 __________________________________ LINDA M. VANZI, Judge 13 WE CONCUR: 14 _________________________________ 15 JAMES J. WECHSLER, Judge 16 _________________________________ 17 JONATHAN B. SUTIN, Judge 2

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