State v. Martinez ( 2015 )

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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
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