State v. Venegas ( 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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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 Plaintiffs-Appellees, 4 v. No. 34,565 5 JUAN VENEGAS, 6 Defendant-Appellant. 7 APPEAL FROM THE DISTRICT COURT OF OTERO COUNTY 8 James Waylon Counts, District Judge 9 Hector H. Balderas, Attorney General 10 Santa Fe, NM 11 M. Anne Kelly, Assistant Attorney General 12 Albuquerque, NM 13 for Appellee 14 Jorge A. Alvarado, Chief Public Defender 15 Santa Fe, NM 16 Nina Lalevic, Assistant Public Defender 17 Santa Fe, NM 18 for Appellant 1 MEMORANDUM OPINION 2 VIGIL, Judge. 3 Defendant has appealed from the revocation of his probation. We previously 4 issued a notice of proposed summary disposition, proposing to affirm as to the 5 revocation, but to reverse and remand the as to the sentence in light of an apparent 6 Linam sequencing problem. Both Defendant and the State have filed responsive 7 memoranda. With respect to the revocation, Defendant continues to oppose to our 8 proposed analysis, but presents nothing new in the way of argument or authority. We 9 therefore adhere to our initial assessment of this matter. With respect to the sentence, 10 both Defendant and the State have expressed agreement with our proposal to reverse 11 and remand for correction. 12 Accordingly, for the reasons previously stated, we affirm the revocation of 13 Defendant’s probation, but reverse the sentence, and remand for further proceedings 14 consistent herewith. 15 IT IS SO ORDERED. 16 ______________________________ 17 MICHAEL E. VIGIL, Judge 2 1 WE CONCUR: 2 ___________________________________ 3 JONATHAN B. SUTIN, Judge 4 ___________________________________ 5 RODERICK T. KENNEDY, Judge 3