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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO STATE OF NEW MEXICO, 3 Plaintiff-Appellee, v. No. A-1-CA-36639 MICHAEL HAMMOND, 6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF EDDY COUNTY Lisa B. Riley, District Judge Hector H. Balderas, Attorney General Santa Fe, NM for Appellee Bennett J. Baur, Chief Public Defender Kathleen T. Baldridge, Assistant Appellate Defender Santa Fe, NM for Appellant 16 MEMORANDUM OPINION HANISEE, Judge.

18 {1} Defendant appeals from the revocation of his probation. We previously issued a notice of proposed summary disposition in which we proposed to affirm. Defendant has filed a memorandum in opposition, which we have duly considered. Because we remain unpersuaded by Defendant’s assertions of error, we uphold the revocation of Defendant’s probation.

4 {2} The pertinent background information was previously set forth in the notice of proposed summary disposition. We will avoid undue reiteration here, focusing instead on the content of the memorandum in opposition.

7 {3} Defendant renews his argument that the State failed to prove that he violated the terms and conditions of his probation. [MIO 5-6] However, as we previously observed, the State met its burden of proof by presenting the testimony of Defendant’s probation officer, establishing that Defendant failed to report as required. [MIO 5] This is sufficient to support the revocation of Defendant’s probation. See, e.g., State v. Jimenez, 2003-NMCA-026, ¶¶ 5, 10-11, 17, 133 N.M. 349, 62 P.3d 1231 13 (observing that the probation officer’s testimony that the defendant had failed to report was sufficient to support the revocation of his probation), rev’d on other grounds, 2004-NMSC-012, 135 N.M. 442, 90 P.3d 461. Defendant’s assertions to the contrary do not require a different result. [MIO 5] {4} In his memorandum in opposition Defendant further argues that the State failed to present sufficient evidence to establish another of the alleged violations, concerning the non-payment of fees and costs. [MIO 6] However, in light of the sufficiency of the

1 evidence to establish the previously discussed violation, this is immaterial. See State v. Leon, 2013-NMCA-011, ¶ 37, 292 P.3d 493 (“[A]lthough [the d]efendant challenges the sufficiency of the evidence supporting each of his probation violations, if there is sufficient evidence to support just one violation, we will find the district court’s order was proper.”).

6 {5} Accordingly, for the reasons stated above and in the notice of proposed summary disposition, we affirm.

8 {6} IT IS SO ORDERED.

10 J. MILES HANISEE, Judge WE CONCUR:

13 LINDA M. VANZI, Chief Judge

15 STEPHEN G. FRENCH, Judge