State v. Yoingco ( 2015 )

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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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. 34,304 5 ROLAND WAYNE YOINGCO, 6 Defendant-Appellant. 7 APPEAL FROM THE DISTRICT COURT OF CHAVES COUNTY 8 Steven L. Bell, District Judge 9 Hector H. Balderas, Attorney General 10 Margaret E. McLean, Assistant Attorney General 11 Joel Jacobsen, Assistant Attorney General 12 Santa Fe, NM 13 for Appellee 14 Hennighausen & Olsen, L.L.P. 15 Kenneth B. Wilson 16 Jeff Grandjean 17 Roswell, NM 18 for Appellant 1 MEMORANDUM OPINION 2 WECHSLER, Judge. 3 {1} Defendant Roland Yoingco appeals from his judgment and sentence, entered 4 pursuant to a jury trial at which Defendant was found guilty of aggravated burglary, 5 pursuant to NMSA 1978, Section 30-16-4 (1963). We issued a notice of proposed 6 summary disposition, proposing to reverse and remand. The State has filed a response, 7 indicating that it will not be filing a memorandum in opposition. Accordingly, for the 8 reasons stated in our notice, we reverse Defendant’s conviction and remand for a new 9 trial. 10 {2} IT IS SO ORDERED. 11 ________________________________ 12 JAMES J. WECHSLER, Judge 13 WE CONCUR: 14 ________________________________ 15 MICHAEL E. VIGIL, Chief Judge 16 ________________________________ 2 1 M. MONICA ZAMORA, Judge 3