State v. Kirven

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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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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. 34,188 5 SHARON KIRVEN, 6 Defendant-Appellant. 7 APPEAL FROM THE DISTRICT COURT OF CURRY COUNTY 8 Fred Van Soelen, District Judge 9 10 11 12 Hector H. Balderas, Attorney General Santa Fe, NM Jacqueline R. Medina Albuquerque, NM 13 for Appellee 14 Jorge A. Alvarado, Chief Public Defender 15 Allison H. Jaramillo, Assistant Appellate Defender 16 Santa Fe, NM 17 for Appellant 18 19 WECHSLER, Judge. MEMORANDUM OPINION 1 {1} Defendant appeals her convictions for trafficking a controlled substance 2 (cocaine) and solicitation to commit tampering with evidence. [DS 2] We issued an 3 initial notice of proposed summary disposition proposing to affirm. After considering 4 Defendant’s memorandum in opposition, we issued a second notice proposing 5 summary reversal. The State has filed a response indicating that it does not oppose this 6 disposition. Accordingly, for the reasons set forth in our second notice of proposed 7 summary disposition, we reverse. 8 {2} IT IS SO ORDERED. 9 10 ________________________________ JAMES J. WECHSLER, Judge 11 WE CONCUR: 12 ________________________________ 13 TIMOTHY L. GARCIA, Judge 14 ________________________________ 15 J. MILES HANISEE, Judge 2

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