State v. Acosta ( 2018 )

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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
2 STATE OF NEW MEXICO,
3 Plaintiff-Appellee,
4 v. NO. A-1-CA-36580
5 MARIO MATA ACOSTA,
6 Defendant-Appellant.
7 APPEAL FROM THE DISTRICT COURT OF LEA COUNTY
8 Gary L. Clingman, District Judge
9 Hector H. Balderas, Attorney General
10 Santa Fe, NM
11 for Appellee
12 Bennett J. Baur, Chief Public Defender
13 Nina Lalevic, Assistant Public Defender
14 Santa Fe, NM
15 for Appellant
16 MEMORANDUM OPINION
17 VIGIL, Judge.
18 {1} Defendant Mario Mata Acosta appeals from his conviction, after a jury trial, of
19 the unlawful taking of a motor vehicle, contrary to NMSA 1978, Section 30-16D-
1 1(A)(1) (2009). In this Court’s notice of proposed disposition, we proposed to
2 summarily affirm. Defendant filed a memorandum in opposition (MIO), which we
3 have duly considered. Remaining unpersuaded, we affirm.
4 {2} Defendant continues to argue that his statement should have been suppressed
5 as it was not knowing, intelligent, and voluntary. [MIO 2] However, Defendant has
6 not asserted any new facts or presented any authority or arguments to persuade this
7 Court that our notice of proposed disposition was erroneous. [See MIO 2-5; see also
8 MIO 4 n.1] See Hennessy v. Duryea, 1998-NMCA-036, ¶ 24, 124 N.M. 754, 955 P.2d
9 683 (“Our courts have repeatedly held that, in summary calendar cases, the burden is
10 on the party opposing the proposed disposition to clearly point out errors in fact or
11 law.”); State v. Mondragon, 1988-NMCA-027, ¶ 10, 107 N.M. 421, 759 P.2d 1003
12 (stating that a party responding to a summary calendar notice must come forward and
13 specifically point out errors of law and fact, and the repetition of earlier arguments
14 does not fulfill this requirement), superseded by statute on other grounds as stated in
15 State v. Harris, 2013-NMCA-031, ¶ 3, 297 P.3d 374. We therefore refer Defendant
16 to our analysis in our notice of proposed disposition.
17 {3} Accordingly, for the reasons stated in our notice of proposed disposition and
18 herein, we affirm Defendant’s conviction.
19 {4} IT IS SO ORDERED.
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1 ____________________________________
2 MICHAEL E. VIGIL, Judge
3 WE CONCUR:
4 ___________________________
5 EMIL J. KIEHNE, Judge
6 ___________________________
7 DANIEL J. GALLEGOS, Judge
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