State v. Onsurez ( 2014 )

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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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. 33,538 5 RICHARD ONSUREZ, 6 Defendant-Appellee. 7 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY 8 Stan Whitaker, District Judge 9 Gary K. King, Attorney General 10 Santa Fe, NM 11 Jane A. Bernstein, Assistant Attorney General 12 Albuquerque, NM 13 for Appellant 14 Sanchez, Mowrer & Desiderio, PC 15 Frederick Mowrer 16 Albuquerque, NM 17 for Appellee 18 MEMORANDUM OPINION 1 HANISEE Judge. 2 {1} The State appealed, specifically seeking to challenge the restitution component 3 of the judgment and sentence. On March 17, 2014, we issued a notice of proposed 4 summary disposition, proposing to dismiss. The State has filed a response with this 5 Court indicating that it will not be filing a memorandum in opposition. 6 {2} Accordingly, for the reasons stated in the notice of proposed summary 7 disposition, we dismiss. 8 {3} IT IS SO ORDERED. 9 ____________________________________ 10 J. MILES HANISEE, Judge 11 WE CONCUR: 12 ___________________________ 13 JAMES J. WECHSLER, Judge 14 ___________________________ 15 CYNTHIA A. FRY, Judge 2