State v. Gomez ( 2019 )

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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
2 STATE OF NEW MEXICO,
3 Plaintiff-Appellee,
4 v. No. A-1-CA-36896
5 MARIO GOMEZ,
6 Defendant-Appellant.
7 APPEAL FROM THE DISTRICT COURT OF DOÑA ANA COUNTY
8 Fernando R. Macias, District Judge
9 Hector H. Balderas, Attorney General
10 Santa Fe, NM
11 Lauren J. Wolongevicz, Assistant Attorney General
12 Albuquerque, NM
13 for Appellee
14 L. Helen Bennett, P.C.
15 L. Helen Bennett
16 Albuquerque, NM
17 for Appellant
18 MEMORANDUM OPINION
19 HANISEE, Judge.
1 {1} Defendant appeals following the district court entering judgment against him
2 that included a requirement that Defendant pay restitution to the Metro Narcotics
3 Agency Contingency Fund. On appeal, Defendant contends that the district court’s
4 requirement that Defendant pay restitution was not a proper legal remedy in this case
5 and/or, “even if restitution is found to be proper, [he] should not be required to pay
6 restitution on dismissed conspiracy counts.” [DS 3] This Court issued a second
7 calendar notice proposing to conclude that, because Defendant was only convicted on
8 one count of trafficking and the remaining two conspiracy to commit trafficking
9 charges were dismissed, only $150 of restitution was proper.
10 {2} In response, the State has filed a notice indicating that it will not file a
11 memorandum in opposition to this Court’s second calendar notice, and Defendant has
12 filed a memorandum in opposition continuing to argue that the Metro Narcotics
13 Agency cannot be a “victim” for the purpose of restitution. As Defendant makes no
14 new arguments regarding restitution, see State v. Mondragon, 1988-NMCA-027, ¶ 10,
15 107 N.M. 421, 759 P.2d 1003 (providing that a party responding to a summary
16 calendar notice must come forward and specifically point out errors of law and fact,
17 and the repetition of earlier arguments does not fulfill this requirement), superceded
18 by statute on other grounds as stated in State v. Harris, 2013-NMCA-031, ¶ 3, 297
1 P.3d 374, we proceed with summary affirmance, in part, and summary reversal, in
2 part.
3 {3} IT IS SO ORDERED.
4
5 J. MILES HANISEE, Judge
6 WE CONCUR:
7
8 LINDA M. VANZI, Judge
9
10 JULIE J. VARGAS, Judge
2