New Mexico Court of Appeals, 2023

State v. Hernandez

State v. Hernandez
New Mexico Court of Appeals · Decided January 17, 2023 · JENNIFER L. ATTREP; J. MILES HANISEE; ZACHARY A. IVES

State v. Hernandez

Opinion

This decision of the New Mexico Court of Appeals was not selected for publication in the New Mexico Appellate Reports. Refer to Rule 12-405 NMRA for restrictions on the citation of unpublished decisions. Electronic decisions may contain computer- generated errors or other deviations from the official version filed by the Court of Appeals.

IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO No. A-1-CA-40236 STATE OF NEW MEXICO, Plaintiff-Appellee, v. JOSE HERNANDEZ, Defendant-Appellant.

APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY Clara Moran, District Court Judge Raúl Torrez, Attorney General Santa Fe, NM Erica E. Schiff, Assistant Attorney General Albuquerque, NM for Appellee Bennett J. Baur, Chief Public Defender Kathleen T. Baldridge, Assistant Appellate Defender Santa Fe, NM for Appellant MEMORANDUM OPINION ATTREP, Judge. {1} Defendant appeals from a district court order revoking his probation. We issued a second calendar notice proposing to affirm. Defendant has filed a response indicating that he will not be filing a memorandum in opposition to our second notice. Accordingly, we affirm the district court order. See State v. Mondragon, 1988-NMCA-027, ¶ 10, 107 N.M. 421, 759 P.2d 1003 (observing that “[a] party responding to a summary calendar notice must come forward and specifically point out errors of law and fact”), superseded by statute on other grounds as stated in State v. Harris, 2013-NMCA-031, ¶ 3, 297 P.3d 374. {2} IT IS SO ORDERED.

JENNIFER L. ATTREP, Judge WE CONCUR: J. MILES HANISEE, Chief Judge ZACHARY A. IVES, Judge

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