State v. Munoz ( 2012 )

This memorandum opinion was not selected for publication in the New Mexico 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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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 vs. No. 31,688 5 JESUS MUNOZ, 6 Defendant-Appellant. 7 APPEAL FROM THE DISTRICT COURT OF ROOSEVELT COUNTY 8 Drew D. Tatum, District Judge 9 Gary K. King, Attorney General 10 Santa Fe, NM 11 Jacqueline R. Medina, Assistant Attorney General 12 Albuquerque, NM 13 for Appellee 14 Jacqueline Cooper, Chief Public Defender 15 Will O’Connell, Assistant Appellate Defender 16 Santa Fe, NM 17 for Appellant 18 MEMORANDUM OPINION 1 BUSTAMANTE, Judge. 2 Defendant-Appellant Jesus Munoz (Defendant) has appealed from a conviction 3 for child abuse. On April 18, 2012, we issued a second notice of proposed summary 4 disposition, proposing to reverse and remand. The State has filed notice with this 5 Court indicating that it does not oppose our analysis. 6 Accordingly, for the reasons stated in the second notice of proposed summary 7 disposition, we reverse and remand for further proceedings. 8 IT IS SO ORDERED. 9 10 MICHAEL D. BUSTAMANTE, Judge 11 WE CONCUR: 12 13 RODERICK T. KENNEDY, Judge 14 15 LINDA M. VANZI, Judge 2