State v. Gallegos ( 2017 )

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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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. 35,412 5 RAY DANIEL GALLEGOS, 6 Defendant-Appellant. 7 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY 8 Stan Whitaker, District Judge 9 Hector H. Balderas, Attorney General 10 Laura E. Horton, Assistant Attorney General 11 Santa Fe, NM 12 for Appellee 13 Bennett J. Baur, Chief Public Defender 14 Will O’Connell, Assistant Public Defender 15 Santa Fe, NM 16 for Appellant 17 MEMORANDUM OPINION 18 VIGIL, Judge. 19 {1} Defendant appealed from a judgment and sentence. We issued a second 1 calendar notice continuing to propose to affirm as to the issues initially raised in the 2 docketing statement, but granting Defendant’s motion to amend and proposing to 3 reverse as to the newly-raised issue, by which Defendant advanced a double jeopardy 4 challenge. 5 {2} Defendant has filed a responsive memorandum in which no new facts, 6 arguments, or authorities are presented. The State has filed a responsive document 7 indicating that it does not oppose. 8 {3} Accordingly, for the reasons previously stated in the notices of proposed 9 summary disposition, we reject the various issues and arguments initially advanced 10 in the docketing statement. However, with respect to the double jeopardy challenge, 11 we reverse and remand to the district court with instruction to vacate one of the 12 convictions and re-sentence Defendant accordingly. 13 {4} IT IS SO ORDERED. 14 __________________________________ 15 MICHAEL E. VIGIL, Judge 16 WE CONCUR: 17 ___________________________ 18 LINDA M. VANZI, Chief Judge 2 1 ___________________________ 2 JAMES J. WECHSLER, Judge 3