New Mexico Court of Appeals, 2012

State v. Rodriguez

State v. Rodriguez
New Mexico Court of Appeals · Decided July 20, 2012

State v. Rodriguez

Opinion

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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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.

1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

2 STATE OF NEW MEXICO, 3 Plaintiff-Appellee, v. NO. 32,103 JOSE ANGEL RODRIGUEZ, 6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF DOÑA ANA COUNTY Fernando R. Macias, District Judge

9 Gary K. King, Attorney General Albuquerque, NM for Appellee Jacqueline L. Cooper, Chief Public Defender Karl Erich Martell, Assistant Appellate Defender Santa Fe, NM for Appellant

16 MEMORANDUM OPINION KENNEDY, Judge.

1 Jose Angel Rodriguez (Defendant) appeals his conviction and sentence for aggravated stalking (violation of a protection order). [RP 160] This Court issued a notice of proposed summary disposition proposing to affirm, and Defendant has filed a timely memorandum in opposition to the proposed summary affirmance. In his memorandum, Defendant fails to rebut or dispute any of the analysis contained in our notice of proposed summary disposition. Instead, he requests that this Court assign his appeal to the general calendar to reconsider some of the cases relied upon in our proposed summary disposition. [MIO 3] We decline to do so. 9 Therefore, for the reasons set forth in our notice of proposed summary disposition, we affirm Defendant’s conviction and sentence.

11 IT IS SO ORDERED.

12 _______________________________ 13 RODERICK T. KENNEDY, Judge

14 WE CONCUR:

15 _______________________ CYNTHIA A. FRY, Judge

17 _______________________ LINDA M. VANZI, Judge

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