State v. East
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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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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. 34,389 5 DUSTIN EAST, 6 Defendant-Appellant. 7 APPEAL FROM THE DISTRICT COURT OF CHAVES COUNTY 8 Steven L. Bell, District Judge 9 10 11 12 Hector H. Balderas, Attorney General Santa Fe, NM M. Anne Kelly, Assistant Attorney General 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 GARCIA, Judge. MEMORANDUM OPINION 1 {1} Defendant is appealing from a district court order revoking his probation. We 2 issued a second calendar notice continuing to propose to affirm on the sole issue 3 raised in the docketing statement, relating to pre-sentence confinement credit. We 4 granted Defendant’s motion amend the docketing statement to add a challenge to the 5 length of parole imposed in the judgment, and we proposed to reverse on that issue. 6 Defendant has filed a notice indicating that he will not file a memorandum in 7 opposition. [Ct. App. file at purple clip] The State has filed a response indicating that 8 it agrees with our analysis on the parole issue. Accordingly, we reverse on the length 9 of parole issue, and we affirm the appeal in all other respects. 10 IT IS SO ORDERED. 11 12 ________________________________ TIMOTHY L. GARCIA, Judge 13 WE CONCUR: 14 _______________________________ 15 JONATHAN B. SUTIN, Judge 16 _______________________________ 17 RODERICK T. KENNEDY, Judge 2
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