State v. Martinez
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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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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-Appellant, 4 v. No. 32,424 5 JUAN CARLOS MARTINEZ, 6 Defendant-Appellee. 7 APPEAL FROM THE DISTRICT COURT OF DON˜A ANA COUNTY 8 Douglas R. Driggers, District Judge 9 Hector H. Balderas, Attorney General 10 Margaret McLean, Assistant Attorney General 11 Santa Fe, NM 12 for Appellant 13 Jorge A. Alvarado, Chief Public Defender 14 Kimberly Chavez-Cook, Assistant Appellate Defender 15 Santa Fe, NM 16 for Appellee 17 MEMORANDUM OPINION 18 FRY, Judge. 19 {1} The State appealed an order of the district court excluding the minor victim’s 1 testimony in this case. Our third notice of proposed disposition suggested the 2 possibility that this appeal is moot and/or nonjusticiable. In response, the State 3 indicates that a nolle prosequi was filed in the district court on September 27, 2013. 4 The State adds that due to the nolle prosequi, “the appeal may be summarily 5 dismissed.” [Resp. 2] Since the prosecution underlying this appeal has ended, any 6 ruling we might make on the evidentiary issue would not afford the State any relief, 7 and the State’s appeal is therefore moot. See State v. Sergio B., 2002-NMCA-070, ¶ 9, 8 132 N.M. 375, 48 P.3d 764 (pointing out that an appeal is moot when a ruling from 9 the appellate court will not grant the appellant any actual relief). We therefore dismiss 10 the appeal. 11 {2} IT IS SO ORDERED. 12 13 ______________________________ CYNTHIA A. FRY, Judge 14 WE DO CONCUR: 15 ______________________________ 16 JAMES J. WECHSLER, Judge 17 ______________________________ 18 LINDA M. VANZI, Judge 2
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