State v. Campbell

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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. 32,462
5 PETER CAMPBELL,
6 Defendant-Appellant.
7 Gary K. King, Attorney General
8 Santa Fe, NM
9 for Appellee
10 Border Law Office
11 Dean E. Border
12 Albuquerque, NM
13 for Appellant
14 MEMORANDUM OPINION
15 FRY, Judge.
16 Defendant, Peter Campbell, appeals from his convictions for battery on a police
17 officer; aggravated battery on a police officer; assault on a peace officer; and resisting,
18 evading or obstructing an officer. [DS 1, RP 62] Our calendar notice proposed to
1 summarily affirm and Defendant filed a memorandum in opposition. We remain
2 unpersuaded by Defendant’s arguments and affirm.
3 BACKGROUND
4 Defendant continues to argue: (1) his convictions should be reversed because
5 he was arrested without a warrant, which was required under the circumstances, (2)
6 his convictions should be reversed because the jury was not instructed it had to find
7 the officers were acting in the lawful discharge of their duties at the time of the
8 alleged assault/battery, (3) he received ineffective assistance of counsel because his
9 trial counsel did not raise either of the first two issues in the district court. [DS 6]
10 DISCUSSION
11 In his memorandum in opposition, Defendant does not raise any new legal
12 arguments or new facts supporting his claims. See State v. Sisneros, 98 N.M. 201,
13 202-03, 647 P.2d 403, 404-05 (1982) (party opposing proposed disposition in calendar
14 notice “must come forward and specifically point out errors in fact and law”).
15 CONCLUSION
16 We remain persuaded that our proposed disposition was correct and, for the
17 reasons stated in our calendar notice, affirm Defendant’s convictions.
18 IT IS SO ORDERED.
2
1
2 CYNTHIA A. FRY, Judge
3 WE CONCUR:
4
5 TIMOTHY L. GARCIA, Judge
6
7 M. MONICA ZAMORA, Judge
3