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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO No. A-1-CA-40538 STATE OF NEW MEXICO, Plaintiff-Appellee, v. EMMANUEL OLIVAS, Defendant-Appellant.

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 MJ Edge, Assistant Appellate Defender Santa Fe, NM for Appellant MEMORANDUM OPINION BOGARDUS, Judge. {1} Defendant appeals the revocation of his probation. In this Court’s notice of proposed disposition, we proposed to summarily affirm. Defendant filed a memorandum in opposition, which we have duly considered. Remaining unpersuaded, we affirm. {2} In his memorandum in opposition, Defendant maintains that the State failed to prove Defendant willfully violated the terms of his probation. Defendant, however, has not asserted any new facts, law, or argument that persuade us that our notice of proposed disposition was erroneous. See Hennessy v. Duryea, 1998-NMCA-036, ¶ 24, 124 N.M. 754, 955 P.2d 683 (“Our courts have repeatedly held that, in summary calendar cases, the burden is on the party opposing the proposed disposition to clearly point out errors in fact or law.”); State v. Mondragon, 1988-NMCA-027, ¶ 10, 107 N.M. 421, 759 P.2d 1003 (stating that a party responding to a summary calendar notice must come forward and specifically point out errors of law and fact, and the repetition of earlier arguments does not fulfill this requirement), superseded by statute on other grounds as stated in State v. Harris, 2013-NMCA-031, ¶ 3, 297 P.3d 374. {3} Accordingly, for the reasons stated in our notice of proposed disposition and herein, we summarily affirm the district court’s revocation order. {4} IT IS SO ORDERED.

KRISTINA BOGARDUS, Judge WE CONCUR: J. MILES HANISEE, Chief Judge ZACHARY A. IVES, Judge