Court of Appeals of New Mexico
Decision Information
Rule Set 12 - Rules of Appellate Procedure - cited by 9,882 documents
Decision Content
STATE V. WINK
This memorandum opinion was not selected for publication in the New Mexico 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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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.
EVAN WINK,
Defendant-Appellant.
NO. 31,266
COURT OF APPEALS OF NEW MEXICO
October 11, 2011
APPEAL FROM THE DISTRICT COURT OF DOÑA ANA COUNTY, Lisa
C. Schultz, District Judge
COUNSEL
Gary K. King, Attorney General, Nicole Beder, Assistant Attorney General, Santa Fe, NM, for Appellee
Templeman & Crutchfield, PA, C. Barry Crutchfield, Lovington, NM, for Appellant
JUDGES
MICHAEL D. BUSTAMANTE, Judge. WE CONCUR: JONATHAN B. SUTIN, Judge, MICHAEL E. VIGIL, Judge
AUTHOR:
MEMORANDUM OPINION
BUSTAMANTE, Judge.
Defendant appeals the dismissal of his appeal from magistrate court to district court. In our second notice, we proposed to reverse the dismissal. The State has responded that it does not oppose our proposed reversal.
Therefore, for the reasons stated in our second notice, we reverse and remand to reinstate the appeal and permit defense counsel to set it for trial de novo.
IT IS SO ORDERED.
MICHAEL D. BUSTAMANTE, Judge
WE CONCUR:
JONATHAN B. SUTIN, Judge
MICHAEL E. VIGIL, Judge