Opinion
NO. 33,217
12-03-2013
STATE OF NEW MEXICO, Plaintiff-Appellant, v. TANYA GISHEY, Defendant-Appellee.
Gary K. King, Attorney General Santa Fe, NM Jacqueline R. Medina, Assistant Attorney General Albuquerque, NM for Appellant Thomas Nececkas Gallup, NM for Appellee
This memorandum opinion was not selected for publication in the New Mexico Appellate 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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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. APPEAL FROM THE DISTRICT COURT OF McKINLEY COUNTY
Robert A. Aragon, District Judge Gary K. King, Attorney General
Santa Fe, NM
Jacqueline R. Medina, Assistant Attorney General
Albuquerque, NM for Appellant Thomas Nececkas
Gallup, NM for Appellee
MEMORANDUM OPINION
VIGIL, Judge. {1} The State appealed from the district court's amended order dismissing the case with prejudice on double jeopardy grounds. This Court issued a notice of proposed summary disposition proposing to affirm the district court's order. The State has filed a response to this Court's notice, indicating that it will not be filing a memorandum opposing this Court's proposed disposition. 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."). Accordingly, for the reasons stated in this Court's notice of proposed disposition, we affirm.
{2} IT IS SO ORDERED.
/s/ _________
MICHAEL E. VIGIL, Judge
WE CONCUR:
/s/ _________
MICHAEL D. BUSTAMANTE, Judge /s/ _________
TIMOTHY L. GARCIA, Judge