State v. Benjamin ( 2013 )

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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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-Appellee, 4 v. NO. 32,138 5 BERNEST BENJAMIN, 6 Defendant-Appellant. 7 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY 8 Diane Dal Santo, District Judge 9 Gary K. King, Attorney General 10 Albuquerque, NM 11 for Appellee 12 Bennett J. Baur, Acting Chief Public Defender 13 Karl Erich Martell, Assistant Appellate Defender 14 Santa Fe, NM 15 for Appellant 16 MEMORANDUM OPINION 17 KENNEDY, Chief Judge. 1 Bernest Benjamin (Defendant) appeals the district court’s order denying his pro 2 se “Motion to Receive Full Probationary Credit.” We issued a calendar notice 3 proposing to affirm, and Defendant has filed a memorandum in support of that 4 proposed affirmance. Defendant indicates that Issue 1 is moot, and Issue 2 is not yet 5 ripe. Therefore, for the reasons stated in our calendar notice, we affirm the district 6 court’s order. 7 IT IS SO ORDERED. 8 ____________________________________ 9 RODERICK T. KENNEDY, Chief Judge 10 WE CONCUR: 11 ___________________________ 12 JAMES J. WECHSLER, Judge 13 ___________________________ 14 TIMOTHY L. GARCIA, Judge 2