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IN THE SUPREME COURT OF THE STATE OF NEW MEXICO

Filing Date: November 12, 2020

No. S-1-SC-37199

STATE OF NEW MEXICO,

Plaintiff-Respondent,

v.

JOHN D. MCDOWELL,

Defendant-Petitioner.

ORIGINAL PROCEEDING ON CERTIORARI Matthew E. Chandler, District Judge

Hector H. Balderas, Attorney General Santa Fe, NM John J. Woykovsky, Assistant Attorney General Albuquerque, NM

for Respondent

Bennett J. Baur, Chief Public Defender Allison H. Jaramillo, Assistant Appellate Defender Santa Fe, NM

for Petitioner

DISPOSITIONAL ORDER OF REVERSAL

{1} WHEREAS, this matter came on for consideration by the Court upon petition for writ of certiorari filed pursuant to Rule 12-502 NMRA, and the Court having considered said petition and being sufficiently advised, issued its writ of certiorari on September 28, 2018; {2} WHEREAS, no briefing was ordered and the case was held in abeyance pending this Court’s disposition in State v. Montaño, No. S-1-SC-37021, and State v. Martinez, No. S-1-SC-37098;

{3} WHEREAS, this Court issued an opinion in State v. Montaño, 2020-NMSC-009, 468 P.3d 838, on June 11, 2020;

{4} WHEREAS, the Court finding that the issue of law presented in this case was decided by the Court’s disposition in Montaño, id.; and

{5} WHEREAS, the Court exercising its discretion under Rule 12-405(B)(1) and (2) NMRA to dispose of a case by non-precedential order rather than a formal opinion;

{6} NOW, THEREFORE, IT IS ORDERED that the decision of the Court of Appeals is reversed and this matter is remanded to vacate Petitioner’s conviction under NMSA 1978, Section 30-22-1.1 (2003).

{7} IT IS SO ORDERED.

BARBARA J. VIGIL, Justice

C. SHANNON BACON, Justice

DAVID K. THOMSON, Justice

NAKAMURA, Justice (dissenting).

{8} For the reasons set forth in my dissenting opinion in Montano, 2020-NMSC-009, ¶¶ 69-88, I respectfully dissent.

JUDITH K. NAKAMURA, Justice