State v. Olguin ( 2012 )

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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
2
3 STATE OF NEW MEXICO,
4 Plaintiff-Appellee,
5 v. No. 31,659
6 THEODORE O. OLGUIN,
7 Defendant-Appellant.
8 APPEAL FROM THE DISTRICT COURT OF EDDY COUNTY
9 Richard Brown, District Judge
10 Gary K. King, Attorney General
11 Santa Fe, NM
12 for Appellee
13 Jacqueline Cooper, Chief Public Defender
14 J. K. Theodosia Johnson, Assistant Appellate Defender
15 Santa Fe, NM
16 for Appellant
17 MEMORANDUM OPINION
18 BUSTAMANTE, Judge.
1 Defendant appeals from an order revoking his probation and imposing judgment
2 and sentence. We proposed to affirm in a notice of proposed summary disposition.
3 Defendant has filed a timely memorandum in opposition. After reviewing
4 Defendant’s memorandum in opposition, we remain unpersuaded and thus affirm the
5 order revoking his probation and imposing judgment and sentence.
6 In his docketing statement, Defendant challenged the sufficiency of the
7 evidence to support the district court’s finding that he violated the terms of his
8 probation. See State v. Sanchez, 2001-NMCA-060, ¶ 11, 130 N.M. 602, 28 P.3d 11439 (stating that, in a probation revocation proceeding, the State bears the burden of
10 establishing a violation with reasonable certainty). In our notice, we reviewed the
11 evidence introduced at the probation revocation hearing and proposed to affirm. In
12 his memorandum in opposition, Defendant has failed to challenge our review of the
13 evidence presented or the analysis contained in our proposed disposition. Therefore,
14 for the reasons set forth in our notice of proposed summary disposition, we affirm the
15 district court’s order revoking Defendant’s probation and imposing judgment and
16 sentence.
17 IT IS SO ORDERED.
18
19 MICHAEL D. BUSTAMANTE, Judge
2
3
1 WE CONCUR:
2
3 CYNTHIA A. FRY, Judge
4
5 MICHAEL E. VIGIL, Judge
4