Court of Appeals of New Mexico
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Chapter 31 - Criminal Procedure - cited by 3,786 documents
Rule Set 12 - Rules of Appellate Procedure - cited by 9,887 documents
Decision Content
STATE V. CAPPS
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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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.
STATE OF NEW MEXICO,
Plaintiff-Appellee,
v.
JERRY CAPPS,
Defendant-Appellant.
No. 35,350
COURT OF APPEALS OF NEW MEXICO
April 11, 2017
APPEAL FROM THE DISTRICT COURT OF EDDY COUNTY, Lisa B.
Riley, District Judge
COUNSEL
Hector H. Balderas, Attorney General, Santa Fe, NM, Laurie Blevins, Assistant Attorney General, Albuquerque, NM, for Appellee
L. Helen Bennett, P.C., L. Helen Bennett, Albuquerque, NM, for Appellant
JUDGES
MICHAEL E. VIGIL, Judge. WE CONCUR: JAMES J. WECHSLER, Judge, STEPHEN G. FRENCH, Judge
MEMORANDUM OPINION
VIGIL, Judge.
{1} Defendant appeals his judgment and sentence following conviction of two counts of possession of a controlled substance, challenging the district court’s calculation of credit for presentence confinement. This Court’s second notice of proposed summary disposition proposed to hold that Defendant was entitled to presentence confinement credit for seventy days that were omitted from the calculation below. [2CN 3] In response, the State has filed a notice that it concurs in that proposed disposition. We, therefore, reverse the sentence entered below and remand this case to the district court for the purpose of recalculating Defendant’s presentence confinement and entering a new sentence, in accordance with NMSA 1978, Section 31-20-12 (1977).
{2} IT IS SO ORDERED.
MICHAEL E. VIGIL, Judge
WE CONCUR:
JAMES J. WECHSLER, Judge
STEPHEN G. FRENCH, Judge